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.
believe it or not, this isn't my first rodeo.