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)