Rossi has granted an interview to Mats Lewan.[I have written an extensive review of the interview on a page here. I’m saddened to find it necessary to write this.]
The interview includes a link to a “settlement agreement” between all parties to Rossi v. Darden, stating “undisclosed source.” The agreement is unsigned and undated, it’s a draft, then. I have made inquiries to determine if this is legitimate and accurate. But here is the settlement-agreement-draft.[Update: I am informed privately that the Lewan draft is probably correct, and, as well, that it was eventually signed by all parties. There has been, to my knowledge, no joint announcement, only the eventual entry of a joint stipulation which included nothing about the agreement other than showing the joint request for dismissal with prejudice.]
In the Lewan interview, Rossi makes many statements that, from the clear evidence in the case, are, at the very least, misleading. Lewan’s summaries are, themselves, misleading. (Lewan has often shown that he didn’t understand the case, and is continuing that.) I will cover that interview in detail. There are two other documents hosted on the Lewan blog linked from the interview, they are Rossi handwritten notes, full of words like “stupidities” and “middle school math.” Classic Rossi.
Some of what Rossi ridicules is actually rather well-established. Rossi, for example, attacks the idea that the warehouse would have been deadly hot without a heat exchanger. What Rossi says there is utterly preposterous. From the interview:
Rossi also addressed the claim made by IH that producing one megawatt of heat inside the building where the test was run would have made it so hot that you couldn’t have stayed there. First, he noted that the sun on a sunny day radiates about 1 kW per m2 and that the building, having a roof of about 1,000 m2 normally would have received about 1 MW of heat from the sun, without making it too hot in the building, even though the roof was barely insulated. Furthermore, it had large openings with exhausts for venting air out of the building. Then the JM plant consumed on average 20 to 40 percent of the produced heat, and the rest was vented out with the heat exchanger.
Lewan shows no sign of any skepticism or critical reserve. That argument resembles what Rossi eventually said last year when questioned about the dissipation problem. What we know about the JM plant is that there was no product being moved in and out, and an endothermic reaction would require massive amounts of product to do what Rossi claims. Instead, there was at one point a few grams of platinum sponge and at another, a little graphene, nothing that could make a dent in that power. Some chemical process “consuming” so much power would become very dangerous (because of the stored chemical energy). Last year, Rossi did not mention a heat exchanger.
Rossi’s own expert, Wong, agreed that without a heat exchanger, the temperature inside would have been deadly.
Lewan has, at the end:
I am confident that if Rossi were really involved in fraud, evidence for that would have been found during the time—a year and a half—since IH claimed to have started to be suspicious about Rossi. Looking back and noting that no such evidence was found, while hollow arguments have been shouted out loud, I have very little doubt that the E-Cat technology is real and that the one-year test was a clear success of a world changing technology, producing 1 MW of heat without emissions, from small amounts of harmless fuel at a COP of about 80 for a whole year!
Now I know what I’d suspected, Lewan did not become familiar with the issues in the lawsuit and the evidence in the case. There is a focus in Lewan on alleged claims of fraudulent data. IH did question the data, but that is not the core of the case they presented, where evidence of fraud was completely clear: it was in “fraudulent representation” of the customer and other issues. The test was far, far from independent, the “customer” was Rossi all the way down, but he lied about it, and that became completely clear.
And then Rossi destroyed the evidence that could have been used to confirm or disconfirm the data. This was all clear.
As I mention, I have not confirmed the settlement agreement, but if what is shown is real, it would confirm that IH had become certain that Rossi technology was completely worthless. Otherwise they would simply have refused to come to a settlement, they would have left the conditions with the status quo after the dismissal. So starry-eyed optimism here requires ignoring the obvious: IH spent about $20 million to confirm the technology, and walked away empty-handed. The formula and IP, if they agreed to surrender all that for nothing, is worthless to them.
And nobody else has seen it so closely and so thoroughly.
Rossi had no chance of gaining the $89 million payout, because of the clear contractual situation, and even less chance (hey, less than zero? ah, don’t quibble!) of piercing the corporate veil and hitting up Darden and Vaughn personally — and Cherokee.
Lewan, you are ignoring the obvious in favor of starry-eyed optimism that trusts a man who has been shown, beyond doubt, to have lied to Hydro Fusion, to Industrial Heat, and to the public, again and again. Nice face, though.
Good luck with your Symposium. Be careful of putting down a big deposit. Maybe Hoistad et al will show their faces.
Meanwhile, I will continue to organize the documentation from the case to make it more accessible. I will collect analyses and generate study documents for genuine research.
MR. LUKACS: Your Honor, on behalf of the Plaintiffs, I am pleased to announce that the parties have resolved this matter, the terms of which have been agreed to, will be memorialized in writing. The most significant term, of course, would immediately affect these proceedings in that the parties have agreed as part of the settlement to jointly dismiss this
case, and I mean all claims with prejudice. This includes claims against the Third-Party Defendants as well, with each party to bear its own fees and costs. We expect to have the final written document drafted within the next 24 to 48 hours. Thank you.
THE COURT: All right. Did you want the Court to retain jurisdiction to enforce it? Because if that’s the case, it needs to be filed publicly.
MR. PACE: Yes — no, no, Your Honor, we are not going
to ask the Court to retain jurisdiction.
The devil is in the details. While they state that the “terms” have been “agreed to,” the “final written document” was not yet drafted. We have seen a copy of a draft signed and dated by Rossi on July 14 (it showed up in a LENR-forum post by Ahlfors, with, as is usual for Ahlfors, no attribution.) So it is not impossible that something wasn’t completed, and it is not impossible that it will never be completed.
Rossi is claiming that he now has full access to the Doral Plant, i.e., the padlocks have been removed. The stipulation of dismissal was filed, though rather late for such a simple document. At this point, I think it likely that IH did, in fact, relinquish the License, thus giving up what I’d called their “hedge,” the safety catch. They were giving up on Rossi technology entirely, but … what if this was all a ploy by Rossi to eject them (as some have claimed)?
They spent about $20 million to find out if Rossi had a technology, but they still don’t know for sure if he has anything, because he may have deliberately set it all up to fail, in a more complex version of what he claimed to do with Hydro Fusion in 2012.
They may still have their hedge. Indeed, they paid for it, but not to Rossi, rather to Ampenergo (AEG). The draft Settlement Agreement explicitly excludes AEG and, technically, the License Agreement still stands as far as AEG rights are concerned, because Rossi and IH together could not amend it without AEG consent. The dismissal prohibits Rossi and IH from enforcing the License Agreement, and IH has relinquished their rights, but not AEG’s rights, and has not relinquished claims against AEG, and they had a separate agreement with AEG.
If IH truly considers the possibility of an October surprise from Rossi (followed by a mass impact on the market) as being zero, they might not bother, but it could be simple to agree with AEG to share licensing revenue if that ever becomes an issue. They don’t need the many billions of revenue that could arrive in that contingency, just enough to recover their investments in LENR so that those investments are protected.
They might have their hedge through AEG, which was cooperative with IH throughout the whole Rossi affair, and AEG is a shareholder in IH. It held a license for Rossi technology in the Americas, and IH already compensated AEG extensively.
I have not seen the Rossi/AEG license agreement. Unless there is some kicker there, at the very least I’d expect the license to revert to AEG.
I have received an independent confirmation that the settlement agreement has now been completely signed. Previously, Fabiani had not signed.
Fabiani’s name has apparently disappeared from the Upsalla University site. This is still in google cache, as translated:
Uppsala University Organization and Personnel Employed
Researchers at the Department of Chemistry – BMC, Analytical Chemistry
Visiting address: Husargatan 3 (D5) 752 37 Uppsala
Mailing address:Box 599 75124 Uppsala
The page now returns “Found no information about the person, please search again.”
Maybe he’s on his way back to Florida.