Looks like Rossiclown is chasing Option 3.
https://www.pacermonitor.com/public/cas ... rden_et_al
IH must rebutt by the 27th.
On my first skim, it looks like Rossiclown's lawyers are playing a word game and avoiding the core issues: Contract is valid, and IP is fake; thus IH does not need to pay, given failure to perform. It is also funny how they completely ignored the Rossiclown press release attempt to invalidate the contract (which would not look good for Rossiclown in the eyes of the court).
Additionally, the underlying agreement on IP transfer is now more of a risk for Rossiclown, taking that to court is really dangerous for him, as he will need to prove the IP was transferred (ie. it is real and works, which is in accordance with the contract and USPTO guidance on valid patents). A sidebar note is that the court may ask for a ruling from USPTO on the patent viability, which becomes a huge risk for Rossiclown as well, if his shit don't work (most likely thing at this point).
At the end of this, It could be that IH will be out the $1.5 million they paid for the 1MW unit, but may well open the door to recover the $10 million IP payment, plus legal fees and probably damages on the civil side. This does not address the potential for Rossiclown to face criminal proceedings in the aftermath.
It certainly appears in IH's interest to pursue this. I think the MTD is a shortcut attempt for a countersuit. Their behaviour to date seems to indicate that they are probably fully willing to go to court anyway. This strategy only digs a deeper hole for Rossiclown as he racks up more and more legal fees, and additionally the potential to eat IH's court costs as well.
Meh, I will need to go back and do a deeper dive on the Rossiclown rebuttal when I get time. Good fun! <munches popcorn>
The development of atomic power, though it could confer unimaginable blessings on mankind, is something that is dreaded by the owners of coal mines and oil wells. (Hazlitt)
What I want to do is to look up C. . . . I call him the Forgotten Man. (Sumner)