Because although both are made by Wismec, they still do look identical except one chip is licensed by Evolv, the other not. A judge could also see it as an opportunity by Wismec to replicate the same mod (even though the mod is NOT in question here) and cut costs by selling their own mod with their own chip and cut Evolv entirely out of the picture even if that's not the case in question it still doesn't help the case against Joytech when the chips inside are basically being swapped and use similar IP (this is what really has to be proven).
since it is the chip (and all chips in their line that use VW) are what is in question, the rx200 mod body has nothing to do with the case at all, and just muddies the waters by even bringing it up. Pointing out the similarities between the rx200 and the dna200 is completely irrelevant, and doesn't help or hinder joyetech's case. This isn't a copyright case, the judge won't care about how much they look alike. For any validity to eVolve's case, they will be looking at one feature (VW) and if the patent held by eVolve is sufficient to keep all other companies from using any version of VW without licensing fees paid to eVolve. People need to stop focusing on the rx200....the ONLY thing that matters is the chip inside, and more specifically an operating feature of that chip, since it is clear the chip isn't reverse engineered from the dna chip.
What bothers me about this case, is eVolve basically promised they wouldn't use the patent against companies unless they were cloning their boards, that they only applied for the patent to keep OTHERS from doing the "patent troll" thing......but here we are, eVolve using the patent against a company, shortly after the release of a competitive mod, that CLEARLY isn't a clone of their board (again, the mod itself BELONGS to wismec, who can put any board they wish in it). For what they are doing to be right in my eyes, eVolve needs to produce a business contract between them and Joyetech promising that Joyetech would never produce a mod that would compete with the dna200 version (which would also mean no Cuboid). Without such an agreement, this case looks to be eVolve doing exactly what they said they WOULDN'T do.
Another way this case could be acceptable, is if when eVolve received the patent, they applied it universally, to all companies manufacturing VW devices, and asked for licensing fees (of course, some may have fought it, and the patent may not have held up for reasons listed prior in this thread). Instead, they basically stated "we aren't going to enforce this patent, go ahead and keep doing what you all have been doing", but suddenly pull out the patent against ONE company that is making a competitive mod.
I used to be all for clones (based on my purchasing ability), but now I have changed my opinion....and in the last year, it has become possible to find many decent devices that are cheap enough while not being clones....the one thing anti cloners have been saying from the start...."just buy something that is not a clone, a cheaper unique device....", "reward companies for making their own devices, instead of ones that are just copying other companies goods". We are finally in a place where this is possible to do......Well, this case is now affecting that ability (or will, if eVolve wins).