In our last post on Andrea Rossi’s E-Cat we wrote about the law suit between Rossi and Industrial Heat which was headed to the US courts. Industrial Heat paid an $11 million license fee to Rossi for use of his Energy Catalyzer or E-Cat and claimed the device did not work as advertised. Industrial Heat said there was no evidence that the E-Cat can produce commercially relevant amounts of excess heat, contrary to Rossi’s claims for several years now. As a result, Industrial Heat declined to pay Rossi any more money for the license and he, in return, is suing the company for non-payment of an $89 million licensing fee. According to the license agreement, Industrial Heat was supposed to pay Rossi $89 million after the successful completion of a one-year operating test in February 2016.
The full text of Rossi’s complaint against Industrial Heat can be found here. The complaint was filed on April 5, 2016. The case is Andrea Rossi, et al. v. Thomas Darden, et al., case number 1:16-cv-21199, in the US District Court for the Southern District of Florida. Darden is the manager, president, and director of Industrial Heat. In addition he is the founder and CEO of the private equity fund Cherokee Investment Partners.
In August 2016 Industrial Heat filed its arguments before the court saying Rossi’s claims “are not scientifically verifiable or reproducible” and accused Rossi of fraudulent misrepresentations.
“In addition, the procedures and mechanisms which Plaintiffs have used in their experiments and testing of the E-Cat technology are flawed and unreliable in many respects…Lastly, the E-Cat technology has never been independently validated by a scientifically reliable methodology to produce the energy levels Plaintiffs now claim, and has failed to produce any commercially viable product. Indeed, using the E-Cat technology Plaintiffs directly provided them, Industrial Heat and IPH have been unable to produce any measurable excess energy.”
See also New Energy Times, Cherokee’s Darden Says Rossi’s E-Cat Claims Are Fraudulent, which discusses other “fraudulent behaviour” allegedly attributed to Rossi in his other ventures.
In November in another filing with the court Industrial Heat reiterated that Rossi’s claims “are not scientifically verifiable or reproducible.”
Last month Andrea Rossi and his Leonardo Corp. asked the court to sanction Industrial Heat, its founder Tom Darden and their Jones Day attorneys, saying they attempted to mislead the court by denying allegations they know to be true and bringing “frivolous” counterclaims. The Judge rejected Rossi’s request saying it was premature to come to such a decision at that time.
In a recent interview, Darden, says he has moved on to other possibilities when it comes to low energy nuclear reaction (LENR) technologies. Rossi’s research was just one of a dozen avenues Industrial Heat was exploring and he is currently focusing on six promising ventures.