Today I uploaded consolidated deposition files for Penon and three for Rossi (for himself, for Lenoardo, and for JMP). These files were prepared by Bruce H. We have many extracts from the depositions, and we must maintain them because they are cited by specific case exhibit and pdf page, in our study documents. But if someone just wants to read as much as possible of a deposition, these consolidated files make it far easier. There are many more to be done, but Bruce is a pioneer, and I want to take this occasion to acknowledge that, and the help of all those who have made and are making this site useful.
All deposition exhibits (and the consolidated files) are listed on RvD: Depositions
10 thoughts on “Woot!”
Thanks to Bill H, who just kept on tickin’ until we have about a full set of complete or consolidated depositions (there are some singles where it wasn’t worth creating a new file, all of the full or fuller sets are linked from the table of contents on the Depositions page.
So students of the case can now read whatever we have from each deponent, instead of searching for a fuller copy.
Comment from Lenr Forum.
6 hours ago
Excellent email summary from Patent Lawyer David French and close follower of the Rossi story for several years, reposted wi
David French writes:
Here is an interview with Andrea Rossi on the topic of the Florida Court case, settled on July 5, 2017:
Rossi is pictured repeatedly, sporting a generous silver wig designed to protect the skin on his vulnerable, formerly bald, head.
The important content is the copy of the actual Settlement agreement at the end:
It was not quite a walkway. Everybody releases everybody and Industrial Heat reconvenes to Rossi and Leonardo Corp the rights that it acquired to ECAT technology under the original 2012 agreement. No money exchanges hands in the settlement, but Leonardo Corp gets to keep the $11.5 million it received from Industrial Heat and gets the return of the 1 megawatt heat generation unit.
What do these terms tell us?
Rossi gave up his claim to $89 million but has reacquired the rights he held before. This allows him to argue that those rights are worth more than $89 million. Industrial Heat is liberated from the costs of trial both in terms of risk and lawyer’s fees, plus the not inconsiderable benefit of freeing-up management time to return to corporate activities.
Another consequence: the August 25, 2015 US patent that issued to Leonardo Corporation is probably invalid or is subject to equity constraints because the Settlement Agreement acknowledges that there is a secret ingredient not mentioned in the patent. Both parties are committed to maintain that secrecy.
I am sending you some more consolidated depositions by email.
In addition I am sending you a number of complete depositions! One of the posters on ECW (Stephen) pointed out to me that document 326 on the docket is a gold mine. It contains unredacted versions of the depositions of Fabiani, Childress, and Cassarino as well as 2 of Rossi’s depositions. I have clipped them all out and made them into separate files.
The unredacted Rossi depositions (in which he represents JMP and Leonardo) are amazing reads! There is a lot of detail I had not encountered before. Rossi mentions the “recirculator” several times although unfortunately his questioner (usually Chris Pace of the Jones Day law firm) never really zeros in on that.
For my sins I have read both Rossi depositions in document 326 now! as JMC and as Leonardo.
IH’s lawyers gave him a real grilling, at one point I almost felt sorry for Andrea, but not quite.
So many times he claimed ignorance about the contractors that modified and updated his plant, whereas if he would have been able to produce a single one he might have gained some credibility.
Still, he must have some of that $11.5M left, and IH gifted him the free junk plant. As he admitted himself, if you wanted to run one of these 1MW plants you would have needed a Rossi in every crate.
back to the drawing board…
Rossi is evasive but in a bizarrely charming way. If you really want to see someone under pressure, read Fabiani’s deposition. He dissembles too but without Rossi’s joi de vivre.
Penon is a piece of work, also. My opinion is that a jury would not be impressed by either of these, nor by Rossi. I have not studied the jury selection “votes.” That might be interesting. Someone like Rossi depends on being able to select his audience. He may think of it as only allowing admittance to those who trust him, because he may consider them trustworthy. What is not visible to me is the level of deliberateness in his behavior. These may be instinctively-run patterns that he learned.
One thing is beginning to stand out: I have never seen Rossi admit an error. Any examples? Then look at the others. Does Fabiani admit it was an error to delete the data and emails? His actual reasons were obvious, at least there is a set of obvious possible reasons. But what he actually gives is an irrelevant excuse, that they had not paid him. This would have led the jury to throw the book at him, it was supremely dumb. Non-payment is not an excuse for destroying the property of another, except in some weird world of retaliation and imagined tit-for-tat. Yes, I scratched her new car with a key, but she had insulted me.
(Or Fabiani was flat-out lying.)
I have said that at least one of the secret ingredients is “Rossi Grease.” That is fatal to a commercial device, if the skill to run it is not transmitted. And this, then, explains why Rossi can only work on one project at a time, could not delegate a project while he works on another. He’d have to clone himself. And raise the clone to function just like him. Kinda difficult. I am reading “The Confidence Game,” by Maria Konnikova. It’s fascinating to me to see the arguments on ECW and elsewhere, that absolutely fail to be aware that was some supporters believe proves Rossi technology is real, is standard behavior for genuine con artists, and sometimes those who have been taken in by one continue to believe in the con for years, in spite of massive evidence, in spite of the reality becoming face-palm obvious. That is not a proof of anything about Rossi, it is evidence as to how a community thinks. It is very, very common. But the vast majority of people are not true con artists, and most people simply don’t understand the phenomenon, because it is relatively rare. People attempt to understand others by comparing behavior to their own behavior. I have seen this many times in how people respond to me. I do X. If they did X, they imagine, they would be thinking Y. Therefore I am thinking Y, which is reprehensible to them. The logic is blatantly flawed if my thinking is not like theirs, and, by test results, I’m something like one in a thousand. So it’s meaningless. (This doesn’t mean I’m “right,” just that my thinking is not “ordinary.”)
Rossi is not ordinary. Nice wig, though.
The free junk research plant.
From Rossi blog.
July 31, 2017 at 5:03 PM
There is a big difference that makes the old E-Cat obsolete respect the QX. The QX is the result of years of experiments and of the 1 year test with the 1 MW plant, an enormous patrimony of information that has generated a strong improvement.
There is extended conversation on ECW and Rossi’s blog aimed at justifying the lack of 1 MW Plant availability. Rossi claimed availability in 2011. He claimed (and sold) the 1 MW Plant to IH with guarantees of performance. If his earlier claims were not deceptive, he could have been selling plants for industrial use for 5 years now. If he can trust anyone, that person could be running it while he works on the Next Big Thing.
This is a classic inventor business error, for inventors obsessed with themselves instead of market results. And excuses are the bread and butter of frauds, who sometimes can string “believers” along for years, long after it should have been obvious, see The Confidence Game by Marian Konnikova. See William Franklin Miller. — who apparently regretted what he had done and didn’t repeat it. See Charles Ponzi, who returned to fraud again and again. His last interview is priceless. And there is Ferdinand Waldo Demara, the “Great Imposter.” Pay close attention to this: Demara’s biographer for that book was thoroughly familiar with what Demara had done, but still continued to trust him for a very long time, to be “taken in.” Konnikova makes a strong point that anyone can be fooled by a highly developed con. The idea that one has to be stupid is false. A core factor is trust in “gut reactions,” which can be manipulated, and the strong persistence of the framing that these reactions create. It can persist in the presence of red flags that would alert anyone not already taken in.
Thanks, much appreciated. I hope to get to this today.