You are replying to OP who wrote the article. I might have missed it but I don’t think they described any ongoing legal action against this particular copycat.
@molsonhart. I believe it from your (apparently) successful ip protection biz. :-) I think the disconnect is that I'm a patent guy, and your patent advice seems confused/incomplete/misleading. But this makes sense because your primary protection tools for attacking direct copycats would likely be TM and CR, not utility patents.