Industrial Heat Responds to Rossi's Complaints

As expected, Industrial Heat has responded to the complaints Andrea Rossi has made in the lawsuit.

Here’s a link to the main document, there are other files for various exhibits which will be added later.


There is lots of reading to do and I am sure there will be lots to analyze and discuss. More to follow.

Thanks to LuFong for putting all the Exhibits mentioned in the IH answer in a Google Drive folder here:

Here is a key allegation made in the counterclaim by Industrial Heat:

“7.Beyond the fact that Guaranteed Performance could not be achieved in the required time period, Leonardo and Rossi knew that the Plant could not produce a COP of 10.0 or greater (or even a COP or 4.0 or greater) for 350 out of 400 days. As a result, Leonardo and Rossi manipulated the testing process by, among other things, 1) insisting that the Plant be relocated to Miami, far away from Industrial Heat’s offices, to provide steam to a purported manufacturing “customer” that did not actually exist; 2) manipulating, along with Fabiani, the operation of the Plant and the reports of the Plant’s purported operations, to make it appear that the Plant was producing a COP far greater than 10.0; and 3) enlisting Penon to produce a false report stating that Guaranteed Performance was achieved.

8. “Eventually Counter-Plaintiffs discovered that the test that Leonardo and Rossi
were conducting, in conjunction with the supposed “customer” in Miami, was not a real test at all,
but a carefully scripted effort to deceive Counter-Plaintiffs into 1) providing Leonardo and Rossi
with credibility in their efforts to license and promote the E-Cat IP to others and/or obtain
investments from others in their business ventures, 2) making the third payment under the
License Agreement to Leonardo, 3) paying a multitude of expenses of Leonardo and Rossi
including in connection with their operations in Florida, and 4) paying Penon and Fabiani for
services not rendered and reimbursing them for unnecessary expenses. ” (p. 25-26)

“77. Notwithstanding that Leonardo and Rossi allowed visitors to the facility in Doral
where the Plant was located on a fairly regular basis, in July 2015, Rossi denied Murray access
to the Plant without any reasonable justification. See Ex. 19. Had Murray – given his
established engineering background – been allowed to access the Plant in July 2015, he would
have immediately recognized the deficiencies in the operations that were being conducted by
Leonardo and Rossi.

“78. Indeed, when Murray eventually gained access to the Plant in February 2016 and
examined the Plant, the methodology being used to operate the Plant, and the methodology being
used to measure those operations, he immediately recognized that those methodologies were
fatally flawed. Some of the flaws that he was quickly able to identify are explained in Exhibit 5.

“79. Leonardo, Rossi, JMP, and Johnson also restricted access to the JMP area at the
Doral location, claiming that there was a secretive manufacturing process being conducted there,
when in fact it was simply recycling steam from the Plant and sending it back to the Plant as

“80. Leonardo, Rossi, JMP, Johnson and Fabiani even went so far as to create a
fictional JMP employee – James A. Bass, Director of Engineering for JMP. Despite diligent
search, Counter-Plaintiffs have not been able to identify or locate this individual, for the simple reason that he does not exist. Rather, Leonardo, Rossi, JMP, Johnson and Fabiani created this fictional person as a means of making JMP appear to be a real manufacturing company that
would need a Director of Engineering and to create a person with whom they would allegedly
interact on technical issues involving JMP’s non-existent operations and operational needs.
They even had an individual pose as James Bass in a meeting with Industrial Heat and express
JMP’s satisfaction with the steam power JMP was receiving from the Plant and using to run its
manufacturing operations. Attached as Exhibit 20 is a copy of the business card provided by this
JOHN DOE representing himself as JMP’s “Director of Engineering.” (p. 45-46)