Is infringing of this design the exact copy of the design? Can a part of the design CHOICE be copied, for instance the way that the handles stack/nest? If the shape of the handles would be different, but they do nest the same as these ones, is that infringing of the patent?
Determining the scope of a design patent is difficult. How close something needs to be in order to infringe a design patent depends on what came before the patent. If the patented design is very different from what came before it, it is interpreted more broadly than it would be if it was a small change from what came before. If all drinking glasses were cylindrical and you came up with the first square glass you might have coverage for a relatively wide range of square shaped glasses.