Rossi’s Attorneys Blast Industrial Heat’s Claims as Baseless and Frivolous

Andrea Rossi’s attorneys are alleging that Thomas Darden and Industrial Heat made illegal and frivolous claims against the inventor and his Leonardo Corporation in their ongoing lawsuit. A new motion filed on January 10, 2017, demands that US District Judge Cecilla M. Altonga impose sanctions on Darden and company for making the claims.

The motion filed; by attorney John W. Annessar, makes the following claims against Darden and his codefendants:

  • Industrial Heat falsely claimed that a test by Engineer Fabio Penon was the guaranteed performance test required by the License Agreement Darden signed when Industrial Heat agreed to purchase Rossi’s e-cat low energy nuclear reaction (LENR) technology. Rossi is charging that Darden violated that agreement by refusing to pay him for the e-cat.
  • Darden et all falsely claimed they were unable to replicate the e-cat technology. It sounds as if Rossi is charging that Darden and his associates were able to replicate e-ca and make it work.
  • Falsely claimed that Rossi violated the agreement by providing e-cat fuel samples and data to scientists for study.

U.S. District Court House in Miami

  • Falsely claimed that Rossi violated the license agreement by not paying taxes. Note the claim does not say what taxes Rossi failed to pay.


“Rather than presenting viable defenses to their failure to abide by the terms of their agreement, Defendants attempt to mislead the Court and deflect this Court’s attention from Defendants’ wrongdoing in an effort to intentionally increase Plaintiffs’ costs of litigation and to confuse the issues before the Court. Sanctions are appropriate,” the claim charges.

Rossi Attorney Charges that Industrial Heat Knows E-cat Works

Annessar is also charging that Industrial Heat and its attorneys violated federal law by bringing what he calls sham allegations. He also claims that Darden and Industrial Heat have evidence that the e-cat works and even told investors.

He wrote:

“Additionally, Defendants affirmatively represented to their investors, on numerous

occasions, that they had independently verified measurable excess energy production. At the same time Defendants were allegedly failing to “generate any measurable excess energy”, they were touting the excess energy recorded by their own engineer during independent testing as well as during the Validation Test.”

If that was not enough, Annessar claims Darden and his attorneys committed perjury by lying about the test results in either court testimony or a patent application they filed. The claim states that Thomas B. Dameron, III an engineer hired by Industrial Heat was able to confirm some of Rossi’s claims about the e-cat.

This lawsuit is getting more curious as the court date scheduled for February 27, 2017 approaches. One has to wonder if it will be settled before then or go all the way to United States District Court in Miami.

The claim was prepared by Annesser and his staff at PERLMAN, BAJANDAS, YEVOLI & ALBRIGHT, P.L in Fort Lauderdale, Florida.

Thanks to Frank Acland of E-cat World for putting the motion online for all to read.