The new basket looks nothing like the W7 basket, in my opinion, whereas the old one did. And pictures of that old basket should never, ever have made it onto the internet. Even worse, they sent the prototype around to people with that potentially patent infringing basket on it.
It should be noted that eD does have a patent on that basket they copied! But, as Jeff pointed out on ECA:
1. Party A has a patent on a widget. Some time later, Party B also gets a patent on a similar widget. This in no way proves, suggests or implies that Party B does not infringe Party A's patent. Technology advances by incremental inprovements, and the patent office recognizes this. The primary purpose of patents is, in fact, to teach others how to practise what you have invented, in order to advance the art ... but to teach in a way that protects the inventor. Consequently, many, MANY patents are nothing but incremental improvements on existing, patented designs. I'm not taking sides, just stating the facts.
2. A decision about infringement can only be reached by interpreting and comparing the claims of the patent in question against the allegedly-infringing product. Claim interpretation is a long, often painful part of the patent litigation ... but it is a well-defined procedure. Claims must be well supported by the teaching within the patent, but can indeed encompass a much larger scope ... providing, obviously, that they do not read on any prior art.
3. As a patent holder, you are not allowed to "lay in wait" while a possibly-infringing design accumulates damages against you. If you suspect infringement, you are obligated to act quickly.
4. As a person filing for a patent, you are obligated by law to disclose all relevant "prior art" of which you are aware. The patent examiner reviews this art, together with prior art that he/she finds through independent investigations, in order to reach a conclusion about the inventiveness vs. obviousness of the technology filed. Failure to do so can not only invalidate a patent, but possibly subject the inventor to criminal charges.