The law in the U.S. is now "first to file" so you already have an advantage over this other company. If your patent application has been published on the U.S. Patent & Trademark website, they and everyone else are on notice that you are seeking protection for your idea. However, at this point in time, you haven't been granted that protection. There is still a chance that your patent application will be rejected. I would wait until you get word from the USPTO that the patent has been granted.
Answered on May 20th, 2015 at 1:56 PM