Leonardo/Industrial Heat Court Case on "Complex Track" — to go to Jury Trial in September 2017 (Rossi: Effect on E-Cat Commercial "None")

Thanks to Sifferkoll for providing links to the latest court documents in the Rossi/Industrial Heat court case.

Andrea Rossi has gotten what he requested so far — the court case has not been dismissed as requested by Industrial Heat, and it will go to a jury trial.

However there will be a long time to wait until a resolution of this case (unless there is a settlement out of court) as the trial is scheduled to begin on September 17, 2017 (see here)

This document states that the decision has been made to put the case into a “Complex Track”, because of “(a) the number of potential witnesses, and (b) the novelty and complexity of some factual issues which will require expert engineering and scientific testimony, (c) the likelihood of taking depositions in foreign jurisdictions and (d) the likelihood that the trial in this cause will last more than ten (10) days”

Links to the latest documents can be found at Sifferkoll.com here: http://www.sifferkoll.se/sifferkoll/new-court-documents-on-pacermonitor/

This year+ long wait will give plenty of time for research and discovery on both sides, and for endless speculation for outsiders! I don’t expect that Andrea Rossi will be slowing down his work on the QuarkX and commercialization of the E-Cat plants. Maybe the delay will be a welcome lift of pressure for him. It sounds possible now that we won’t get to see the ERV report from the 1MW plant test until next year at the earliest!


A few more pertinent quotes from this court document:

“Although the parties are open to discussing settlement, at this stage of the proceedings settlement appears unlikely”

“It is possible that additional parties might be added to this case if Defendents file counterclaims and/or third party claims.” (Maybe IH will be cooperating with other aggrieved parties who wish to take legal action against Rossi/Leonardo)

“The parties contemplate submitting to the court a proposed protective order providing for the confidentiality of certain documents and information exchanged in discovery, and further contemplate negotiation and electronic discovery protocol to govern the exchange of electronic discovery.” (this would probably cover the ERV report)

“As of the time of this report, Defendants have yet to file an answer to Plaintiff’s Complaint, and may elect to file counterclaims and/or third party claims if required to answer the Complaint” (It sounds from this that IH are thinking about responding to Rossi’s complaint with a counter-suit if they are ordered to respond by the judge)

UPDATE (July 1, 2016)

I asked Andrea Rossi on the Journal of Nuclear Physics, “What effect does delaying the start of the trial until September 2017 have upon your plans to commercialize the E-Cats?”

His answer was: “none.”