Possibly no infringement. Design patents are easy to design around. Just change the design. The real threat is when the plaintiff can get back damages for pr

Possibly no infringement. Design patents are easy to design around. Just change the design. The real threat is when the plaintiff can get back damages for pre-suit infringement. You can't do anything about your previous use of the design, and the exposure for infringement is much higher that utility patents: loss of profits, rather than just a reasonable royalty. Whether you can get pre-suit damages depends, usually, on whether you gave some kind of notice, e.g., a letter to the defendant or marked your product "protected by patent XYZ."