There’s an announcement from yesterday (July 19, 2016) on the Rossi vs. Industrial Heat’s Court Docket regarding the Motion to Dismiss that Industrial Heat filed and Rossi responded to:
ORDER granting in part and denying in part17 Motion to Dismiss for Failure to State a Claim. Counts II, V, VII, and VIII are DISMISSED without prejudice. All other counts remain intact. Signed by Judge Cecilia M. Altonaga on 7/19/2016.
So these are the counts from Rossi’s complaint that are intact and dismissed:
Count I: Breach of Contract (Non-Payment) Intact
Count II: Breach of Contract (Exceeding Scope of License) Dismissed
Count III: Unjust Enrichment Intact
Count IV: Misappropriaton of Trade Secrets Intact
Count V: Civil Conspiracy to Misappropriate Trade Secrets Dismissed
Count VI: Fraud and Deceit Intact
Count VII: Constructive and Equitable Fraud Dismissed
Count VIII: Patent Infringement Dismissed
So Judge Antonaga has spoken: half of the complaint has been upheld, and half thrown out. There is probably satisfaction and disappointment for both sides of the case from this decision. Where Rossi might be most disappointed here is with the decision to dismiss his complaint that IH breached their contract by operating outside of their license area, and filing patents based on Leonardo’s IP. This decision could allow IH to continue to file patents worldwide based on the E-Cat.
Industrial Heat might be most disappointed that while the claim for Constructive and Equitable Fraud has been thrown out, the claim for Fraud and Deceit still stands. Also, that they may be required to pay the $89 million license fee.
UPDATE: The full document on this ruling by Judge Antonaga can be read at this link: http://www.e-catworld.com/wp-content/uploads/2016/07/Motion-to-Dismiss-Judgment-Rossi_et_al_v_Darden_et_al__flsdce-16-21199__0024.0.pdf