New Exhibits Posted in Rossi v. Industrial Heat Case — Includes List of Plant Visitors, and Test Plan by Penon

Some new documents have been posted in the Rossi v. Industrial Heat case. My time is limited today so I don’t have time to go into a long analysis I will post the link to access the documents here here  and open this thread for discussion. The new documents are responses from the defendants to requests from Rossi’s team for documents, communications, files and other information pertaining to the case.

For the most part the documents consist of objections raised by Industrial Heat’s lawyers to the requests on the grounds that they are burdensome, broad and not relevant. Rossi’s attorneys have made very detailed requests for information connected with the case. The new documents are Exhibits 70-1, 70-2, 70-3, and 70-4 located at the link below.

On first reading, the most noteworthy information is found in Exhibit 70-1. This document includes a list of people with knowledge of anything connected with the pleadings, and a list of people  who visited the plant during its operation.

Also included is a document that appears to have been written by Fabio Penon titled “E-CAT MW1 ENERGY PLANT IN MIAMI — TEST PLAN” which seems to have been written before the test started, giving a description of the plant and the testing he proposed to do.



  • SG

    IH’s strategy can be summed up as follows: repeatedly claim that it is all a big fishing expedition and hide the ball as much as possible.

    • Ged

      Discovery gives both sides a lot of power. There was no way the IH lawyers would win that objection as the material is directly important to the case and the claims made by both sides. It is kinda weird and sorta absurd they even tried, but that’s the game I guess.

      • SG

        Yeah, agreed. They raise the same (or similar) objection on nearly every request. Many will be struck down by the judge. You can’t have a lawsuit if everything is kept hidden from the opposing side.

    • Mr. Self Sustain

      I’d say that both sides strategy has been to withhold their strongest evidence. This has been like two boxers dancing around the ring for two rounds while only throwing the occasional jab. I’m eager for this to get going all out so we can learn the full and absolute truth of what transpired in Doral. For the record, I’ll say again, what happened in Doral does not reflect necessarily on the E-Cat technology as a whole.

  • LuFong

    The address of James A Bass has been given in Exhibit 1 and is the same person MrSelfSustain identified earlier. If this is the James A Bass, he’s a contractor they hired “off the street” and doesn’t appear to have a long term association with any company. Doesn’t look good for Rossi.

    • Ged

      Here is the house on Zillow,-80.091906,26.322996,-80.09557_rect/17_zm/ . It is about double in value as the median value of its neighborhood. Not an “off the street” person sort of house, but more in line with someone who is in a director position at times at least. I’ll keep looking into it though.

      Edit: Found his voter registration info, it seems. How could IH not find this guy?

      • LuFong

        The house is nothing special–probably owned it for a while.

        Check LinkedIn (if he’s still there). Not a Director of Engineering type but interestingly enough he has listed a position “Director Engineering” in 2001-2005 for what looks like a communications company (which doesn’t seem to exist any more). This is resume level stuff of a journeyman. Not trying to be negative but not what we’ve were lead to believe.

        • Ged

          What were we lead to believe? That he was a Director of Engineering, which is a position he’s had before then? Anything else? And a half million house is pretty special, but depends on ones perspective and income level (taxes alone on that property, ouch).

          I don’t get you saying not a director of engineering type, though, yet he has that title for four years, in 2001-2005?

          • LuFong

            OK, Ged….

          • A 71 year old engineer of sorts (marine?, flight?) that incorporated Reactance Engineering as the sole officer in late September 2014 a few months before the 1 MW test began. Any existing connection to a chemical-type company is not obvious by history or by record. Looks instead like somebody knew somebody who knew Bass and thought he could do some free lance engineering work (fake or legit).

            This rules out (for me!) a big company like Johnson Matthey setting up some confidential process using a confidential energy source. This is much more fly-by-night than that.

            But, hey, at least he’s a real person. Baby steps.


          • SG

            It was never Johnson Matthey. Rossi always denied it. Even the letterhead said *advanced derivatives* of … IH said that Rossi told them it was Johnson Matthey, but they haven’t provided any evidence of that so far. I think you are right: more like a fly-by-night probably, but who knows, there could still a legit company behind the fly-by-night. Time will most certainly tell.

          • psi2u2

            It was a shell set up by Johnson Matthey or some officer of JM. That explains all the facts, including the name link.

          • Ged

            Communications too, according to LuFong? Quite the diverse list! But, there are universal roles for engineers in all things–doesn’t have to be a chemist to engineer fluid mechanics, or be a director (which is just a fancy manager of the people doing the real work).

            It does seem like he made that company to create extra degrees of separation between the customer and anyone looking (or its a big coincidence, but too big for me). A person at his point in life and experience wouldn’t do this for just anybody though, would have to be someone he knows and trusts. It does make it pretty dang hard to trace back to the real customer, though the Court could dig that out of him.

          • The Flying Educators company is just a way for them to share a plane. So Mr. Bass has a boat and a private plane (sort of).


          • Ged

            Dang, this guy is living the life.

          • He has a boat and a plane and he knows all the answers to the questions that keep us up at night.

            Maybe we can offer him something he can’t refuse. Like a private train car or a Segway.

          • Ged

            Ahahaha. Your powers of segway win this round! .

        • Ged

          2,447 square feet is indeed very nice. Fun find on the boats; didn’t see that.

    • SG

      I do think this is Rossi’s weak point. While some have argued it doesn’t matter: that the only thing that matters is heat/energy balance and contractual obligations being met, I tend to differ. I think the JMP/James Bass situation will matter, if anything, because it just seems to stink to the public.

      • Ged

        This is very true. It could really hinge on who JMP really is. Even if they temp made the position for the person, if that is still accurate and still backed by someone other than Leonardo, that would be all and well. But if not, that’ll really be damaging in the court of opinion, which could significantly damage Rossi’s chances with a Jury.

        • SG

          That is really the only real redeeming possibility: that JMP is backed by someone other than Leonardo/Rossi. If it isn’t, then the cloud of doubt around that part of the scenario will only grow. If it is, then I think the cloud can be dispersed, and the explanation that the “customer” did not want to expose itself to scrutiny could still be believed.

          • Ged

            What I am finding of Bass so far using that is supportive of someone who would legitimately have such a role, and has made quite a successful life long before this episode. But, that only brings up the point that Bass is turning out to be a case of barking up the wrong tree. The company that brought him in, that elusive “customer”, is the only factor that really will matter. I don’t think I can use him to trace to them though, not through normal, non-super expensive channels, so we may just have to rely on the Court and Discovery to do that for us (which it will, and I doubt the protective order would stop us from seeing).

  • LuFong

    The test plan in the exhibit mentions ERV and specifically 350 days. No mention of the GPT though.

  • Ged

    And then there’s the visitor list, showing Rossi was apparently telling the truth about all that all along; and since IH used the plant to drum up investor support (and we see Darden talked about the IP in 2013 at some sort of Iceland retreat, and had family members there when Rossi divulged the fuel IP to Darden), the “not GPT” counterargument seems thrown out the window, just as it has been by the Judge at every turn already.

    We’ll see. Discovery gives incredible power to each party to investigate the other, and it looks like IH’s lawyers mostly copied their objections constantly to see if they’ll get lucky and only have to live with the few partial answers they gave. But, you are right that some of the requests particularly looking for communications are definitely broad and will need to be narrowed in scope to the pertinent subjects; and the Judge should order it to be focused down as such, if this process follows any of the other similar processes for communication discoveries as we’ve seen with things like FOIAs of the government.

    That December letter (doesn’t seem to be identified as an e-mail?) not being shown is weird. Where is Exhibit B that is referenced in 70-3? IH also just says it’ll try to provide evidence, but doesn’t actually do so yet.

    • Mr. Self Sustain

      I find it very odd that Rossi verbally transferred information to Darden. That is a very imprecise method of conveying critical IP. If I.H. has been relying on a verbal communication rather than written documentation — although they do have Rossi’s patents — that might be one reason why they *may* have failed to replicate so far.

      • Ged

        There are so many weird things. Thanks for all your investigative work to help parse this mess!

  • Most of their answers are that they will go look for the info requested (despite objecting). Only a few are actually answered with the info requested at this point.

  • From Document 71-01, Exhibit 1, Penon provided the instruments for
    Leonardo to install. A 24 hour run was initiated with Leonardo firing
    the 1MW up, he (Penon) monitoring, and then giving an initial
    “assessment of the energy multiple” at the end of that 24 hour period.

    After that Penon had very little involvement other than to show up every
    4 months to “verify configuration of the system, the measuring chains,
    and make evaluations of Multiple Energy”,. and then make his final
    report at day 350. It is Leonardo alone that recorded the data in the
    logbook every “00.00” hours.

    Rossi/Leonardo, had free reign almost the entire time. Not how he
    represented it. Oh yeah, he had the “IH guys” -his friend Fabiani, and
    West, there to keep him honest. Penon, if he kept to script, would have shown up 4 times…what a gig

    Oh Rossi…if this is true we can close this file.

    • wpj

      If it was all under 24h video monitoring was it really necessary for him to be there?

      • Was there ever mentioned one word about video recording? (except of Rossi-says)

        • wpj

          I did say “if”!

          Only the documents (or footage) will reveal the truth.

    • Timar

      So what? If that is what both parties contractually agreed upon, there is nothing to object here.

      • Sure.

        But if Rossi violated one of the contractually defined options which were set up for fraud prevention, then the whole chain of trust will crash and it’s not sure anymore that Rossi used his “no one can see me”-position to tweak the measurements a little bit.

        • The instruments were sealed. Penon verified the seals at the end of the test and also sent the instruments for testing to be sure they were still properly calibrated and not sabotaged.

          It is known that Rossi spent time unsupervised in the plant. This is not a revelation.

        • Timar

          Sure. Any evidence to suggest so?

      • sam

        I object to the stupidity of TD and A.R
        not having it in the contract that
        each would have there own EVR
        person on test site right from day one.

        • Timar

          That would only have made sense (from IH’s perspective anyway) if there would have been any uncertainty about whether the 1MW plant really performed with high COP, but apparently there wasn’t. They already knew it worked – otherwise they would never have payed the $11 million in the first place.

    • This is exactly how Rossi represented it.

      • Timar

        It’s a remarkable pattern isn’t it?

        So far, each and every bit of factual information surfacing via the court docket supports Rossi’s reprensentations of the events. Many allegations raised by IH’s filings, Dewey, Rothwell and other IH shills or trolls have been consequentially proven wrong by information released in the court docket (including the assertion that James A. Bass is not a real person and most of Dewey’s initial FUD).

        What I find kind of scary is how none of this seems to affect the majority opinion over at LENR-Forum. Poeple who once were on a mission to critizise “groupthink” in regard to LENR now eagerly indulge in the their own brand of groupthink, to which they have become completely blind, cleverly initiated and sustained by IH/APCO by buying (in one way or another) some well-respected LENR voices.

        Heck, one of the most verbose of IH’s shills, who also regularly writes here, even literally boasted about being paid for what he writes on LENR in social media on several occasions in the past. Yet he has managed to become one of the most acclaimed voices there. It is mind boggling and a sad example of how even a group of people well educated on a subject can easily succumb to concerted propaganda efforts.

        • Ged

          The revelation of such a long list of visitors and multiple visits by investors and Darden himself to the site for hours is quite a big reveal to me. It directly disproves what a number of folks were claiming, and IH’s answer itself on those issues, and shows Rossi was telling the truth. So, his anger about that was not feigned. Bass was real, there were quite a surprising number of Darden’s guests form Woodford to Chinese, what else will we find?

          JMP remains the greatest weakness for Rossi so far, but otherwise the case is looking poorer for IH now. Never know what the next twist will show though.

          • Did Planet Zero deny the investor visits?

          • Ged

            Several times more than one said Rossi didn’t let anyone from IH enter, which we see is false, and that of course there were no visitors, only Rossi and/or his people. I remember since I got a bit annoyed I had to keep pointing out the picture of all the people working on the place.

          • wpj

            That was only the client’s bit that he would not let them enter, not the Leonardo bit.

          • Ged

            That came later I believe. There were arguments early on that no one in IH could go in to the propery or the building itself as Rossi would not let them, and I recall a number of discussions about that. I will have to wade into that pool and fish them out I guess.

          • Abd Ul-Rahman Lomax

            This has all been well-covered, but some people only seem to remember parts of it, or didn’t read it all. Understandable. The case has become, ah, *complicated.* The Terms Sheet did not mention access and did not distinguish clearly between “customer area” and “plant area.” Prohibiting access to the customer area was not a clear violation of the Terms Sheet, though. It was a serious blow to any idea that this would be a genuine Guaranteed Performance Test, because being able to see power utilization would be extremely important. The same would be true for a stated goal: using the plant to show reactor operation to potential customers. If I saw a steam pipe going into a wall, and couldn’t see what was on the other side of that wall, I would be singularly unimpressed! So this was weird and violated the spirit of the original Rossi proposal, but wasn’t fatal to the agreement with the customer, necessarily.

            However, for Rossi to deny access *to the *plant*” to IH employees or contractors was a direct violation of the Terms Sheet, which guaranteed such access.

          • Ged

            And he didn’t nor could he block access to the plant as we see, since IH staff were there and Darden et al. visit a number of times. No proof Murray is IH staff or should have been allowed in, but he did get in.

          • Obvious

            I wonder if we will see a Visitor list from Rossi.

        • Josh G

          Good point but I don’t understand why you’re surprised that people with a financial incentive to raise doubt and FUD about Rossi are impervious to evidence. They are paid to be impervious to evidence and march in lock-step against him like the good little foot soldiers they are. Don’t assume anybody is succumbing to propaganda without any kind of incentive…

        • BillH

          Just proves how stupid IH was, but not so stupid as to part with an additional $89M maybe.

        • psi2u2

          To add to that, I was threatened on another forum some months ago by someone who wanted to let me know that he was reading my posts on e-cat world and that he would make me pay for what I had said. I find that type of threatening gesture on the web to be a sure sign of somebody who is either a paid bully or has serious anger issues that are intruding on his personal judgement. Imagine that, be careful what you say, folks, the trolls have long ears.

    • BillH

      That’s the conclusion I just arrived at. Penon can virtually testify to almost nothing, since he wasn’t there. Sorry, I’m a bit slow and didn’t read the whole thread before posting my comment.

  • James A. Bass.

    Seemingly not a chemical engineer or an engineer that one would expect to man a sensitive steam-using process for a UK organization.

    Yet also seemingly well off with a nice house, a boat and access to a private plane. Not to mention 71, presumably retired, and not an actor for hire. That is, not somebody likely to say ‘Sure I’ll take part in your scam for $50k!” Doesn’t need the money. Has better things to do with his time.

    • Timar

      Assuming there is a secret customer who wants to remain anonymous: the best way to disguise their identity would be to appoint a director/public persona for the operations who has no verifiable connections whatsoever to said customer. Voilà, James A. Bass.

      In this case, it would be most interesting to find out about the other employee(s) present at the plant, who would have done the real engineering work.

    • Ged

      Very nice summary. From those false “not a real person” claims to knowing quite a bit about his current state, what a way we have come (hopefully still more we can find without violating privacy rights).

      He has a whole lot to lose, and little to nothing to gain. That should stop some folks in their tracks and hopefully make them think for a bit.

      We don’t know much about his employment, experience or education background, mostly just what small company things he has made (and that director of engineering position at some communication company or something that has been mentioned), and we don’t know anything about his employment for the past few years. So, I still haven’t seen a way to trace him back to whomever JMP is who hired him–and that is really the meat we are after.

      Since he is part of the suit now, the court and discovery can find all this out for us, and hopefully visibly unless hit by the protective order, but where is the fun in that?

  • LuFong

    Very interesting research by MrSelfSustain regarding James A Bass:

    Of particular interest:

    “Jim Bass of Deerfield Beach applied for [unemployment] benefits in 2014 and was asked: “Where have you not lived with your ex-wife?” Bass, a software engineer, said he thought the question about his ex-wife’s address was “absurd.”

    “I was so offended at that question,” said Bass, who had been divorced from her since 1986. “I hadn’t been in communication with her for years. How in the world am I supposed to know that?”

    Unemployment workers told him: “We’re sorry. We can’t verify your identity,” even though he has lived in the same house since the 1980s. Finally, he was directed to fax a copy of his Social Security card. He didn’t have a physical card so he went to the Social Security office to get a temporary one and faxed it to the state as requested.

    Weeks went by and he heard nothing, so he called again and was told that no one could verify getting his Social Security document. Bass said he got benefits only after he called his Florida legislator, Rep. George Moraitis Jr., R-Fort Lauderdale.”

    Unemployed software engineer? Case closed (if it’s the same person and at this point it’s 99% certain).

    • Appears to have worked for voalte (Sarasota… worked remotely?) just previously to that.

      Been in Canada and Argentina too.

      And finally we get to see him! Hello Mr. Bass.

      • Voalte is a healthcare software company. Looks legit.

        Note that he’s also an electrical engineer by education so dismissing him as only a software engineer may be premature.

        • QA Automation Engineer… this is great:

          “That I’ve had an intriguing life, been lots of places and done lots of things. I’ve come close to death on the deck of an aircraft carrier, but also got to fly Navy planes and have the most exciting time of my life.”
          Jim Bass, QA Automation Engineer

          The legend of Jim Bass.

          • Career-wise seems more of an RF engineer kind of guy with a mix of both hardware and software experience.

            I can’t see how steam and RF go together (or steam and software).

            Why and how this guy got involved is a real head-scratcher. Maybe Henry Johnson represented him on his quest for unemployment insurance when he left Voalte?

            Mr. Self Sustain has more good info here (beat me to it):


            Hospitals are known as an unfriendly wireless environment. Where a typical office network can support a couple of wireless devices per worker with one access point, hospitals are large buildings with thick concrete walls, requiring hundreds of access points to keep mobile devices connected. In addition to phones, hospitals house thousands of other wireless devices – from smart beds to infusion pumps – that require a persistent connection for patient safety and staff workflow. MRI and CAT Scan machines add to the challenge by generating huge electrical transients that can disrupt Wi-Fi transmission.

            Now we’re replicating those difficulties right here at Voalte. We recently moved from almost entirely manual testing to a largely automated process. We did it by hiring a team of dedicated, in-house engineers to create the Voalte Test Lab with custom-built tools that run on networking hardware from several different vendors. Their mission: Create an architecture that simulates the network environment and roaming behaviors in a hospital, and find ways to disrupt it.

            According to QA Test Automation Engineer Jim Bass, who brings decades of experience in functional and stress testing from Emergin and Telematics, “We needed to simulate situations such as when a nurse goes into a bathroom with a patient for five minutes, or if someone brings their iPhone into an elevator where it is out of touch with access points, or when a charge nurse is walking from one station to another, roaming from access point to access point and possibly switching Wi-Fi bands. Once we created that type of environment, we built automated stress tests to punish the system.”

            One method of punishment developed by Jim and QA Test Automation Engineer Michael Nagy involves forcing iPhones to “roam” by programmatically changing the power level on different access points. Other tests involve flooding iPhones with text messages or voice calls, then dropping access points coincident with activating roaming and interference simulation.

            Through this exhaustive testing at the Voalte Test Lab, we can build highly resilient products that work across a wide variety of customer networks before we even get close to a hospital installation. Using a sophisticated test methodology and hardware from various wireless network companies such as Cisco Systems, Meru Networks, Aruba Networks and Enterasys, we have a much deeper understanding of how future Voalte releases will work on a wide variety of customer networks.

          • Ged

            Too bad it doesn’t go any deeper into the past, like that to that marine engineering stuff. He was born in the 1940s, so we still don’t have his early career record other than Navy (maybe that is where he did marine engineering or after). Still, that is a nice graphic Beyond made!

          • LuFong

            Interesting (to me at least) that on Linkedin his position with Network International Solutions is listed as “Director Engineering” but here it’s “Manager.” Nothing mentioned about being “Director Engineering” in the description. The dates don’t match as well although frequently people modify dates to not show gaps.

            Here’s the LinkedIn entry:

            Director Engineering
            Network International Solutions, Inc.,
            2001 – 2005 (4 years)

          • psi2u2

            Where did you or they get that timeline software? Very nice, I would like to use that myself….

          • You’d have to ask

          • Ged

            I doubt he got a lawyer for that (unemployment is only a small window of time). But, could be he ran into whatever whomever JMP is after he made that reaction engineering company and started looking for clients for more work. Seems he is the type that refuses to stop working after retirement.

      • Ged

        Great work, and wow at finding a picture!

    • Ged

      Seems you are wanting to confirm your bias too much to actually look at what’s been found ;).

      By the way, again, he is 71 years old, well past retirement age and social security. Interestingly, even if you are retired and getting social security, if you hold a job, you are able to apply for unemployment benefits when you leave that job. A known and allowed double dipping by senior citizens.

      • LuFong

        Thanks for being my personal “gedfly.” Shooo.

        • Ged

          Lol, but you are just too fun and nice to not buzz!

    • psi2u2

      Wow. That is quite a story. If that is true, you are correct, case closed, dirty pool by dirty polls for the energy industries, who must be shaking in their boots.

  • Ged

    Yet there were visitors, nor does that impact Darden or any IH employee’s ability to come, and there were several IH staffers there. So, not factual to claim otherwise from all we see.

  • Mr. Self Sustain

    This isn’t the kind of professional to go along with a criminal scam. He’s not super rich, but he’s obviously living a comfortable life. With his education and job experience, even after a period of unemployment, he could obviously find another position.

    So on one hand, we’ve discovered that the Director of Engineering for JM Products is not an actor, a street person with no engineering experience, or someone with a shady background (as far as we can tell). He seems to be a legitimate engineer with an extensive professional background.

    However, on the other hand, he has no obvious connection with Johnson Matthey or any experience with chemical manufacturing.

    Overall, nothing has changed. We’ll have to wait to hear his testimony of what he oversaw at Doral. The low volume highly endothermic process Rossi admits was being utilized must have been highly automated. Hopefully, Bass will explain the whole situation to the court.

    • Abd Ul-Rahman Lomax

      Bass may have had no clue what was up. He is a consultant and someone hired him for a few hours to be their representative, giving him the business card. They told him “what was going on with the plant,” which he repeated. Fishy? Yes. But not necessarily “criminal.” Full disclosure? No.

      Many keep mentioning criminal fraud. That has not been alleged in Rossi v. Darden on either side.

      • That is all conjecture on your part.

    • Ged

      It does seem he has direct autimation experience with Voalte as a “QA Test Automation Engineer”, which could be useful if there was automation in that case. And lots of managing/directing experience. But all general engineering and not chemistry. So, you summed it up perfectly. Seems he is a deadend now, and we still need to know the who or what behind the man.

      Guess we have to wait till Discovery brings this out since he is part of the suit; but thank you for all you work on this for the community!

  • Obvious

    I suspect that part of the reason for repeating certain objections was to piss off Annesser by repeating the responding to the wrong document part (or wrong address in some cases) and correcting this many times, which will appear on the record now, basically forever.

  • BillH

    The main new thing I take from document 70-01 is that Penon may only have been at the plant on 4 of the 350 days, the judge will have a field day with this. Essentially he relies on Leonardo staff to process and record almost all the data. On the other hand, that IH would allow this to be the case is stupidity beyond belief..

    • wpj

      1 Leonardo staff (Rossi, on night shift). 2 IH staff on day shift + 2 hours change over. Where’s the problem???

      • Obvious

        Where is the 1.5 million data points per month?

      • BillH

        Well putting aside that Penon was not around for the vast majority of the test he was supposed to be validating. Rossi was left alone for almost 50% of the duration of the test? No? What happened when parts of the plant broke down and had to be repaired? Perhaps that conveniently situated spare plant came into play? Who knows? who saw? Penon can testify to virtually nothing.

    • Omega Z

      Press RESET-

      No 89 M$ paid to Rossi.
      Rossi returns the 11.5 M$ previously received from IH/Darden.

      Tom Darden returns the1MW plant they received from Rossi and relinquishes any and all claims to any rights to Rossi’s “IP”.

      IH/Tom Darden have declined this reset.

      They would rather fight a legal battle for an “IP” they claim does not work. There is more going on here then most of you realize. This is the 1st Patent War. ie, this is all about the “IP”. Not about whether the E-cat works.

      Wake UP

      • BillH

        Turn that on it’s head, if Ecat doesn’t work, no one cares about IP/Patent that doesn’t work. No one cares where the $89M goes, no one cares who wins a court case based on a lie. You wake UP.

        • atanguy

          “no one cares ”
          But lawyers…

          • BillH

            Well lawyers are the lowest for of life.

        • Michael W Wolf

          Not true. IH was publicly offered their money back, and IH hasn’t taken it. Only reason is that they didn’t want to give up the IP. Omega is more likely right. You must be dreaming that you are awake. Because it seems to me by IH actions or lack thereof betrays your logic.

          • BillH

            Maybe $11.5M was much less than IH had already invested in AR, so even if AR agreed to pay it back, which we only have AR’s word for, they would still be out of pocket and therefore preferred to go to court. In any case if the IP is worthless what are we talking about here? Two greedy parties trying to rip each other off? Not a story worth anyone’s time…

      • MasterBlaster7

        One little bit of Information you may have left out/or been unaware of……

        IH is sponsoring ICCF21 in about 19 months…the next major cold fusion conference

        ….seems that they are here to stay.

        • Steve Swatman

          or here to continue holding Back Lenr and their inventions and with false promises.

    • Steve Swatman

      I think, as the equipment for the tests was setup and taking data continuously, it would have noticed if any one messed the test equipment. i am pretty sure the judge would not expect penon to be there 24/7.

      • BillH

        It could be only 4 days out of 350, does that really make sense to you? I think Penon will make a very poor witness to anything but his signature.

        • Steve Swatman

          Once the equipment is setup, I suspect that it would be quite difficult to move it, adjust it, or otherwise play around with it.

          I see no reason for Penon to be there 24/7, and you know know, if he was only there 8-16 hrs a day the remaining time could be used to cheat (if any cheating is been done) so in reality, 24/7, 8hrs a day, 1 day a week, it makes no difference.

          Pennon setup his test equipment, came in once very 3 months, picked up the results, checked the equipment for tampering, made his report, thats all pretty standard I think.

          And I am quite sure any judge would understand that, unless of course the judge has some sort of pre-conieved bias.

  • Ged

    If that idea is correct (and you are correct that a Director of Engineering does not need to be an expert in the field, as that is a manager (Elon Musk is not an expert in cars or rockets) but he is versed with automation, and his supposed title was not Director of Chemistry or Chemical Engineering), then Bass will surely turn on Rossi. The fact he hasn’t done so already, though, greatly weakens that idea in your post, so far. But, never know what twists to come!

  • We were told that data was being collected via computer as well (“millions of data points”).

    I never imagined Penon was on site very much. I would have hoped for more than just the four, but I don’t think it’s a major concern.

    Of course, I agree though, that once again reality falls short of what most of us would consider standard operating procedure in our imaginations — with such a supposedly important technology.

  • Ged

    What the heck? No one said anything about press releases. Please, stick to what is said and don’t make up an entire imaginairy world in your own head. And by “turn on”, means join IH’s side to get out of being sued, obviously. If he had no idea what was going on, he can do a “plea bargain” in a sense, by providing info to IH to be allowed out of their third party suit against him. This is basic 101 stuff here; he wouldn’t wait till he’s at the trial stand before a jury, unless he is sticking by his position. And if he is, that greatly disfavors your complete imagining of the situation and that fiction novel you just wrote above.

  • Timar
  • Michael W Wolf

    Yes he did. He claimed he offered them and they denied. And then he publicly stated his offer is still on the table. Others here can verify it. All IH had to do is publicly accept it. Then this would not be an issue.

  • To whom from the visitors list do you ascribe the highest probably of offering that observation?