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Re: LENR Is Real
Posted: Mon Apr 18, 2016 9:16 pm
by ladajo
And here is Tom Darden's & Et. al's Lawyer:
Chris Pace
This guy is serious. Google him.
Methinks the 'I was a contractor' lawyer is a little out-gunned.
Re: LENR Is Real
Posted: Mon Apr 18, 2016 9:21 pm
by Axil
Will this trial be televised like the OJ trial? What fun.
Re: LENR Is Real
Posted: Mon Apr 18, 2016 9:28 pm
by ScottL
Axil wrote:Will this trial be televised like the OJ trial? What fun.
It would be glorious if it were televised, but no. It appears everyone is abandoning or rephrasing their previous statements to leave themselves an out as they turn on Rossi. Even Lewan is stating that he didn't quite believe in the recent tests and the hot-cat or w/e.
Re: LENR Is Real
Posted: Mon Apr 18, 2016 9:40 pm
by JoeP
Maybe someone from the blogosphere will attend the trial.
These things tend to move a a snails pace though.
Re: LENR Is Real
Posted: Mon Apr 18, 2016 10:14 pm
by Axil
http://www.jud11.flcourts.org/SCSingle.aspx?pid=249
get court info, IF disabled you can get real time data on your screen.
Oh no...Parties in the Circuit Civil and County Civil divisions are responsible for hiring private reporters when necessary.
Re: LENR Is Real
Posted: Tue Apr 19, 2016 3:52 pm
by ladajo
Axil,
Can you clarify your position regarding IH & Rossi? Are you on one side or the other regarding truthfulness, or are you in the middle and waiting to see based on the court case?
Re: LENR Is Real
Posted: Tue Apr 19, 2016 4:08 pm
by Axil
ladajo wrote:Axil,
Can you clarify your position regarding IH & Rossi? Are you on one side or the other regarding truthfulness, or are you in the middle and waiting to see based on the court case?
I am in the middle, but one disturbing possibilities was raised by Bob Cook about the court case and why the venue was changed to the federal court. This possible complication again might cloud the issues in this case as usual.
Bob wrote:
It could be that Rossi has received some US Government order associated with the new patents he has been working on or one or more of the patents listed in Exhibit B of the Agreement between IH, Rossi and others, making them secret. That is the reason the complaint was filed in the Federal Court in Miami instead of the local Miami Civil Circuit Court, which was the specified location in the original agreement for resolution of disagreements between IH and Rossi and others who are parties to the Agreement. The local Civil Court could not handle such secrecy.
Rossi was probably advised that the local Miami court would not handle the Civil suit or got the Courts advice to this effect.
IH does not want to pay because the good IP is now secret under US law, and the provisions of section 13.4 providing for sharing IP stemming from the listed IP in Exhibit B of the Agreement are moot.
I think the Agreement does provide for sharing new technology developed by the “IH Team” which Rossi was part of—see Section 13.4 noted above. Note that the Exhibit list includes a patent for conversion of photons into electricity. However, it is not clear whether or not this patent is valid for conversion of charged particles into a EMF or other source of electricity. It may be this invention that is at the center of any secrecy order. In my mind such a invention would have a lot of military significance and would probably become the target of a US secrecy order.
Secrecy Orders can throw monkey wrenches into the best laid plans of inventors and venture capitalists IMHO. IH may be in hot water with their backers. I do not know what they can do to back away from facts they have provided such backers when faced with a secrecy order. That concern may have been the reason for the Dutch entity IH formed to transfer pertinent IP to it, which may be outside the scope of a potential future order. It may have been that when the Dutch company was formed there was no secrecy established yet under the US invention secrecy act, which was written about 1951---and old liability for inventors associated with new strategic inventions—especially those of military significance and energy production.
All the above thoughts are merely my conjectures, and I have no knowledge of their reality or budding reality.
Re: LENR Is Real
Posted: Tue Apr 19, 2016 6:05 pm
by Giorgio
Axil wrote:....but one disturbing possibilities was raised by Bob Cook...
The first obvious question is: "Who is this guy anyhow, and why should his mind gibberish disturb anyone?"
Anyhow, going into the meaningful point of his post:
Bob wrote:It could be.....
Rossi was probably......
I think..... However, it is not clear....... It may be...... In my mind......
IH may be..... That concern may have been..... It may have been.......
But I really felt that he nailed the point when he finally stated:
Bob wrote:All the above thoughts are merely my conjectures, and I have no knowledge of their reality or budding reality.
Yes Bob, on this point all the world agrees!! Even if Axil (and maybe parallel) are disturbed by it.......
Re: LENR Is Real
Posted: Tue Apr 19, 2016 6:11 pm
by Axil
Giorgio wrote:Axil wrote:....but one disturbing possibilities was raised by Bob Cook...
The first obvious question is: "Who is this guy anyhow, and why should his mind gibberish disturb anyone?"
Anyhow, going into the meaningful point of his post:
Bob wrote:It could be.....
Rossi was probably......
I think..... However, it is not clear....... It may be...... In my mind......
IH may be..... That concern may have been..... It may have been.......
But I really felt that he nailed the point when he finally stated:
Bob wrote:All the above thoughts are merely my conjectures, and I have no knowledge of their reality or budding reality.
Yes Bob, on this point all the world agrees!! Even if Axil (and maybe parallel) are disturbed by it.......
Why was the trial moved from civil to federal court, unless the government is involved?
Re: LENR Is Real
Posted: Tue Apr 19, 2016 6:22 pm
by ladajo
IP, USPTO, and could also be FL guidance on damages claim amount exceeding a threshold.
To answer you question Giorgio, he is a poster on Vortex, and my read is that he posted that more for fun to see where it went, rather than as active speculation. As I am sure Axil knows well, the postings at Vortex can spin (pun intended).
Axil, I appreciate your claim to be in the middle, however I would point out that your posts don't always support that position. Sometimes your inclination both here and on the list serv. indicate a preference for the Godliness of Rossi.
As you well know, I think Rossi is full of shit. I used to be in the middle, but long ago, his clownery pushed me over.
Re: LENR Is Real
Posted: Tue Apr 19, 2016 11:53 pm
by paperburn1
Basically the transfer to federal court is probably because one of the party's not a US citizen or possible would drop his citizenship to avoid state law tenant. A smart move if you thought one of the party might try and leave the country.
and
• Federal judges are generally more experienced with the types of cases servicers
typically face (i.e., consumer finance-related matters)
• Better developed case law (a federal district court is bound by the decisions of the
circuit court of appeals in which the district court is located, and the opinions of
other district court judges are published – state court judges are not bound by
federal court decisions and state trial court opinions are generally not published)
• More consistent – and thus predictable – treatment in federal court
• Generally better judges in federal court. This is highly variable, however. There
are many, many very fine judges in state court, and there are some terrible judges
in federal court. Every situation must be evaluated based on the particular judge
assigned to the case in state court and the possible judge assignments in federal
court.
• Usually cases move faster in federal court than in state court. The amount of time
that passes between the initiation of a case and its resolution is one of the biggest
factors in the overall cost of litigation – both in terms of the direct expenses of
litigation and the cost of business interruption - so resolving cases quicker will
generally result in lower overall litigation cost.
• Familiarity with the Federal Rules of Civil Procedure and certainty regarding
expectations and obligations, which can vary in state court
• In cases that may go to trial, the jury pool may be more favorable in federal court
than in state court. Usually a federal district is broader and covers a wider
demographic than a state court jury pool. This can be beneficial or detrimental
depending on the particular circumstances.
• In class action litigation, the availability of interlocutory review of class
certification orders.
Re: LENR Is Real
Posted: Wed Apr 20, 2016 12:16 am
by paperburn1
http://www.lockelord.com/~/media/Files/ ... ingham.pdf
If you want something very boring to read as to whys and hows.
Re: LENR Is Real
Posted: Fri Apr 22, 2016 12:28 pm
by ladajo
It occurred to me that something that has always bothered me about Rossiclown's work is that his numbers are too pretty. Think about it for a moment.
He is very consistent in his "output" values. He never talks about efficiencies, and the impact on engineering or attained outputs. That seems very strange. In real plants, there are real efficiencies considered during design and engineering to achieve targeted outputs. For example, a standard boiler based plant burning a fuel has about a 70-80% energy conversion efficiency. Then this energy typically goes through a Carnot cycle conversion which runs at around 30% efficiency to provide an extractable source. This source is then applied to generation (electrical conversion) or applied work (like a rotary motor) which also function at a less than 100% efficiency. So with Rossiclown consistently sticking to his "output" numbers, never publically doing 'real work' with the energy, and never discussing efficiencies (which are paramount in ANY thermal device, both internally and externally), it begs a couple of questions.
1.) In order to get "1 MW output", what is the actual operating energy level of the unit (and subunits)? Or stated another way, what is the thermal efficiency?
1a.) This indicates that we may have been granting way too much slack in the materials engineering analysis we have done, and should rethink, taking into account boundary and process heat efficiencies.
2.) Why have we
never seen 'real work' out of the units?
3.) Why has Rossi NEVER discussed efficiencies (Is this the elephant in the room regarding the scam? The obvious in your face issue that is the heart of unraveling the trick, but not noticed by the audience?)
Re: LENR Is Real
Posted: Fri Apr 22, 2016 2:06 pm
by parallel
The court complaint filed by Rossi - Items 71 - 73 are as follows. What evidence, like reports or statements, do the trolls have to dispute this? It seems that without any evidence you dispute the ERV's report.
71. On February 15, 2016, the Guaranteed Performance test was successfully concluded. The E-Cat Unit had successfully operated for more than three hundred fifty (350) days out of a four hundred (100) day period at a level substantially greater than the level achieved during the Validation Test. By all accounts, the amount of energy produced by the E-Cat Unit during the Guaranteed Performance Test was substantially greater than fifty (50) times the amount of energy consumed by the E-Cat Unit during the same period.
72. On or about March 29, 2016, the ERV published his final report regarding the operation of the E-Cat Unit during the Guaranteed Performance test. In the ERV's report, the ERV confirmed that the E-Cat Unit had satisfied all of the performance requirements imposed by the License Agreement including, but not limited to, the requirement that the production of energy was at least six (6) times greater than the energy consumed.
73. More specifically, the ERV found that over the Guaranteed Performance period, the amount of energy produced by the E-Cat Unit was consistently substantially greater than six (6) times the amount of energy consumed by the unit. In fact, the ERV found that during the testing period, the average energy multiplier (Energy Produced / Energy Consumed) was often greater than sixty (60).
Re: LENR Is Real
Posted: Fri Apr 22, 2016 3:08 pm
by ladajo
What evidence do you have that the report holds water? Rossisaid?
This is your fatal flaw.