The problem with ESS is that for some reason it is the brand of DAC chip that's been latched on to by any DAC maker who can afford the $95 or so for the best of their chips. Also, they make lesser lines of chips, some others of which carry the 9038 number. They also make less expensive chips that carry the ESS name and they continue to sell 9028 chips. Less expensive ESS chips are used in AudioQuest Dragonflys, for example.
So a whole bunch of relatively inexpensive, and some poorly made, DACs can advertise that they have the same chip as the $10,000 Weiss DAC. The unsuspecting, believing it is all in the chip are incented to buy. So there are a lot of poor examples of DACs out there using ESS chips. Could be that the "average" DAC using an ESS chip is not a very good performer.
I'd venture to say, though, that given three generations and three decades of development there has likely been more R & D into ESS chips than any other.