Avocado scores win as Regional Court Nuremberg overturns PIs in 3D pen case

WobbleWorks is the developer of a 3D pen, based on EP 2 928 672 B1, which covers a hand-held three-dimensional drawing device and is marketed under the brand name 3Doodler. The patent relates to a device which extrudes a feedstock material in order to apply this to a surface. The user can also apply the material in several layers to create a three-dimensional object.

The patent holder has launched actions against several Asian competitors that have displayed their products at the Spielwarenmesse (toy trade fair) in Nuremberg. The Nuremberg-Fürth Regional Court handed down an ex-parte preliminary injunction against myFirst Tech Asia in 2024 (case ID: 19 O 581/24), ordering the Singapore-based defendant to remove all infringing products from its booth.

This year, WobbleWorks took similar steps against the Chinese companies JER and Kretrum. JER displayed its version of the 3D pen at this year’s Nuremberg toy trade fair from 27-31 January. An ex-parte decision from the 19th Civil Chamber of the Nuremberg-Fürth Regional Court against JER was served at the fair in late January, requiring the defendant to also remove all infringing products from its stand.

EPO to decide the case

In parallel proceedings at the EPO, the Opposition Division upheld EP 672 in amended form in September 2025. Xinpinyi International e-Commerce initiated the opposition, with myFirst Tech Asia joining proceedings on 10 May 2024. An anonymous third party filed additional objections during proceedings on 2 September 2025. Both WobbleWorks and myFirst Asia appealed the decision. The appeal is pending.

After the EPO restricted the patent-in-suit at first instance, the defendants filed an opposition against the ex-parte preliminary injunctions. The Nuremberg-Fürth Regional Court then reviewed the two PI judgments. In the case of myFirst Asia, the court found that the manufacturer’s products did not infringe the patent in its current form and overturned the preliminary injunction. The court also discovered there was no equivalent patent infringement because the defendant’s technical solution was deliberately designed differently.

The court overturned the PI against JER due to a lack of urgency. According to the judges, WobbleWorks already knew about the products in question at the 2025 toy fair at the latest and could have legally challenged them at that time. Instead, WobbleWorks only took action against JER’s products shortly before the 2026 fair. The court accused the patent holder of having remained inactive for too long.

WobbleWorks’ representatives already announced that they will appeal the decisions. The defendant Kretrum also lodged an appeal against the PI granted by Munich Regional Court in spring. The hearing is scheduled for mid-June.

Avocado for JER and myFirst Asia

Partner Philipp Ess from Frankfurt firm Avocado represented JER and myFirst Asia. Avocado has a focus on industrial property law. Ess advises on patent law, employee invention law, trademark law, franchise law, unfair competition, and licence agreements. He is experienced in patent litigation from his time at IP boutique Klinkert, where he worked on cases involving LED and automotive patents. Ess moved to Avocado in early 2023 and Klinkert disbanded at the end of 2024. Ess also represents Kretum in the parallel proceedings at Munich Regional Court.

WobbleWorks again relied on teams from Peterreins Schley and ZSP in both cases at the Nuremberg-Fürth Regional Court and in the parallel PI proceedings in Munich. Litigator and partner Marc Grunwald and patent attorney Sebastian Höpfner led the cases together. Their collaboration with WobbleWorks dates back to their time at Bird & Bird. Peterreins Schley partner Simon Reuter also worked on the case, with assistance from lawyers Maximilian Gross and Maximilian Bernschneider. Höpfner also acts for the US client in patent prosecution and the EPO oppositions.