Munich Regional Court grants fresh PIs to WobbleWorks in 3D pen dispute

The rulings mark the latest chapter in a long-running dispute in which US patent holder WobbleWorks is defending its 3Doodler technology against various Asian competitors. The current dispute revolves around WobbleWorks’ EP 3 698 938 B1, which protects a hand-held three-dimensional drawing device.

The 21st Civil Chamber of Munich Regional Court, under presiding judge Hubertus Schacht, issued ex-parte preliminary injunctions against myFirst Tech Asia and Guang Zhou Shu Yu Ke Ji, the manufacturer of the Kretrum 3D pen (case IDs: 21 O 7628/26 and 21 O 7635/26).

The decisions specifically concern the myFirst 3dPen Make, the myFirst 3dPen Artist and the Kretrum 3D Pen for Kids. The judges, Katalin Tözsér and Florian Benz alongside Schacht, prohibited the defendants from offering, marketing or importing the devices in Germany and ordered them to provide information on distribution channels since 15 July 2026.

In its reasoning, the court held that both infringement and the validity of the patent-in-suit were sufficiently evident, referring to the fact that EP 938 had already withstood several third-party observations during examination. The panel also rejected the defendants’ objections to urgency. The Munich court noted that myFirst Tech Asia had been warned by a cease-and-desist letter on 23 July 2026 and had responded through a European patent attorney on 29 July, but had not filed a protective letter.

Second patent enters the fray

EP 938 is the second patent for 3D pens that WobbleWorks asserts in Germany. Until recently, the US company had brought actions against Asian competitors over 3D pens related to EP 2 928 672 B1.

In June 2026, the 21st Civil Chamber of Munich Regional Court upheld a PI granted to WobbleWorks against Guang Zhou Shu Yu Ke Ji based on EP 672 following opposition proceedings (case ID: 21 O 111/26). The chamber confirmed not only the patent’s validity, which the EPO Opposition Division had upheld in amended form in September 2025, but also the infringement by the 3D Printing Pen RP700C distributed via Amazon.

The Munich judgment also addressed a procedural issue. WobbleWorks had originally filed the PI application with the Regional Court Nuremberg, but withdrew it following a negative judicial notice and refiled the identical application with Munich on the same day. The chamber held that such conduct does not automatically preclude legal protection, provided the applicant does not modify the pleading, discloses the earlier filing to the second court and acts promptly.

Divergent outcomes in Nuremberg

WobbleWorks has previously suffered a setback in Nuremberg. In spring 2026, the Regional Court Nuremberg-Fürth overturned ex-parte PIs it had earlier granted against myFirst Tech Asia and Chinese competitor JER, both based on EP 672. For the myFirst case, the court found that the products did not infringe the patent as amended by the EPO. In the JER case, the court held that WobbleWorks had waited too long to take action, having known about the products since the 2025 Nuremberg toy fair.

WobbleWorks has appealed both decisions. Parallel appeal proceedings are also pending at the EPO concerning EP 672, with both WobbleWorks and myFirst Tech Asia having lodged appeals against the Opposition Division’s decision. In addition, JER has initiated UKIPO opinion proceedings against WobbleWorks.

The 3D pen market is highly competitive. According to Verified Market Reports, the segment was worth around $1.1 billion in 2024 and is expected to grow to $2.7 billion by 2033.

Change of defendant’s representative

WobbleWorks again relied on the established team of Peterreins Schley and ZSP Zwicker Schnappauf & Partner. Litigation partners Marc Grunwald and Simon Reuter from Peterreins Schley worked on the case with patent attorney Sebastian Höpfner of ZSP, wo advised on the technical side of the case. Grunwald and Höpfner have advised WobbleWorks since their time together at Bird & Bird. Höpfner also handles patent prosecution and the EPO oppositions for the US client.

myFirst Tech Asia and Kretum retained a team from Munich-based Vossius & Partner for the Munich proceedings over EP 938. Litigation partner Christian-Leopold Zapp was in the lead, working with associate Roman Scheibe and patent attorney Ingo Lummer. The team had already been instructed by Kretum in the appeal against the Munich ex-parte PI over EP 672.

In the previous EP 672 case in Munich, the Chinese manufacturer had been represented by Frankfurt firm Avocado, whose partner Philipp Ess also acted for JER in the ex-parte proceedings.