It is patent pending first of all so it is not issued yet. Even if it is issued, profiling is such a wide open technology, that it would be almost impossible to win a lawsuit against any other company that releases a profiler, or any company that offers profiling as an add on tech to their current product.
A company would just have to add some kind of exclusive revolutionary profiling name and call it for example "our exclusive M1HD-CloningTech". Or any other impossible to define marketing buzz crap.