Eric & Jed,

Consider the time line

Summer 2015  Rossi was offered a sum to cancel the test
Rossi's counter offer was to return the $11.5 million paid and cancel IH's license.
Feb 18 test of a one megawatt heat plant completed
Apr 05 Rossi sues.  Rossi et al v. Darden et al
May 15 date Penon report given to Rossi and D/IH (hard to pin down exact date)
June 2 Leonardo Corp terminated license with IH

So Rossi sued Darden before either party had received the Penon's report.
Rossi would not sue IH without getting a strong indication that IH were not going to pay him

As for IH then feeding critics propaganda about how Penon's report was rubbish see Sifferkoll for names like Dewey Weaver (& possibly Jed)

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