=== Update #1

It is also interesting to note the timeline on the pacermonitor. It really seems like the conspiratory claims by Darden et al against Rossi, Penon, Fabiani, et al has triggered the judge into action. Rossi lawyer appearance on August 22 & 23 resulted in a hearing on August 30, resulting in a motion to strike and a MTD by Rossi and a hearing on September 30 … We can simply conclude that judge Altonaga is somewhat pissed at Darden and his friends …

=== Original post

Rossi recently added a motion to dismiss on the Darden CounterFUD in the docket. Here it is: 41 – Motion to dismiss – Leonardo

I found this example to be hilarious. Consider the flawed “black swan” inductive logic of this statement disguised to be deductive …

[Darden CounterFUD]: … Counter-Plaintiffs were unable to replicate any of Leonardo and Rossi’s claimed results or otherwise generate measurable excess energy. This led Counter-Plaintiffs to realize that there were only three possible conclusions: 1) Leonardo and Rossi’s claimed results, including the purported results from the Validation, were fabricated; 2) Leonardo and Rossi did not provide all of the E-Cat IP to Counter-Plaintiffs as was required under the License Agreement in exchange for the $10 million payment; or 3) both …

As Rossi states it is obvious there are a multitude of alternative explainations, most of them much more probable

[Rossi MTD]: … Court could also infer that Defendants failure to replicate the results achieved by the independent expert could be attributable to (a) Defendants’ failure to follow the instructions and formula contained in the E-Cat IP; (b) Defendants’ intentional sabotage in an effort to avoid having to pay Plaintiffs Eighty-Nine Million Dollars; (c) Defendants’ mere scientific incompetence; (d) Defendants’ use of substandard quality components; (e) Defendants’ failure to properly measure the energy input and output; and/or a litany of other equally likely possibilities. …

Rossi is here basically proving Darden to be a completely incompetent.

[Darden CounterFUD]: 60. Shortly after delivery, Industrial Heat hired several independent contractors to assist Rossi in connection with the development, modification, and testing of the Plant, of various E-Cat reactors, and of a prototype Six Cylinder Unit.

61. Shortly after the Plant was delivered, Industrial Heat retained Fabiani, …

You see; the only mentioned contractor is Fabiani, and as we know he is pretty straight forward as to his beliefs on the validity of the E-Cat …

[Fabiani on Mats Lewan blog]: Now after seeing everything that Rossi is doing, and the levels at which we have arrived, there really is no error, but already at that time he saw things that ordinary people were not yet able to see. “Either you have seen this from the start, or you have to remain puzzled. If you’re skeptical, then until you have a 100 percent proof, until the hammer hits your finger, you won’t believe that your adversary has a hammer.

…

Until now the test is in line with the result that we expected. We encountered the biggest problems during the design and installation phase of the test plant. The most difficult thing was the choice of materials needed to withstand this new kind of energy release and this type of operation for such a long time. And we have found many little flaws—teething problems. For example, also the choice of bolts has led to a revision because some bolts were not sufficiently treated with anti-corrosive, and so they rusted. But if you don’t test you cannot say that you have a product to sell.

So, what happened to Fabiani? Well, he’s getting sued by Darden too …

So this leads to some possible conclusions;  (a) that Darden was either malicious from the beginning – never planning to pay the $89M, only to pocket the IP, (b) became malicious during the test, due to pressure from outside interests when it occured to him that the plant was performing too well showing COP~50 … This thesis is supported by the fact that DoD guy Murray become involved to trash Rossi, at the same time as the first ERV report was released by Penon to Darden … (It could be possible that they (c) were not able to raise the $89M needed to pay Rossi, but it falls on the facts that they did raise $50M from Woodford and probably a lot more from other investors.)

Remember; Darden had been very content up until then with all the Rossi tests, showing COPs of 2, 3, 6, 11, etc. and the delays induced on the GPT …

Apart from the logical fallacy above, there are a number of other issues with the counterFUD covered in the MTD.

Since the validation test Industrial Heat does not even have a license agreement with Leonardo/Rossi – so how can they make claims?

Conspiratory accusations on Penon, Fabiani and Johnson without slightest evidence to support is a very serious matter. It opens Darden up to slander and libel claims by them. He is basically in deep shit now …

[Rossi MTD]: … It is a serious matter to charge a person with fraud and hence no one is permitted to do so unless he is in a position and is willing to put himself on record as to what the alleged fraud consists of specifically …

Failure to acknowledge that Darden is only one of many licensees worldwide, like Hydro Fusion, with a limited scope. Leonardo has of couse always been free to work with them in their territorries. It is very interesting to note the obvious intent in the counterFUD to damage the relationsship with the north European licensee Hydro Fusion …

[Rossi on JONP about HF]: … Never been better than now. We are a Team and a united family, working together to make in Sweden our European pole. We had this morning an important meeting on Skype focused on that: we also talked of the countercomplaints of IH for a minute, but did not have much time for it, leaving space to the important things we are doing.

Sorry Darden, that did not work, did it?

To conclude; the counterFUD has put Darden/Cherokee in a very bad position exposing them to slander/libel claims by Penon, Fabiani and Johnson. He should probably be very very happy if he could buy his way out of this with a settlement for $89M and by that completely leaving the table to go of doing something he understands instead, maybe cleaning up wasteland like he is used to. Because within the LENR field he us toast … (regardless of what the slandering puppets Jed and Abd spend their time arguing)