I'd say that on the surface that appears to be the crux of the issue, but it is not.
E-ink is not a light valve. It reflects light from the white half of suspended spheres.
E-Ink does not involve particles within suspended spheres.
The concept and mechanism for aligning di-polar particles is the old Land patent, expired before we were born.
The coincidence that both the E-ink particles and the suspended spheres containing the anisometric particles are both spherical is natural, obvious, and unavoidable. It is the only reasonable shape for the application.
On another issue, the particles within a sphere idea is one of the expired patents, and will cover no use after August 2012.