Peterreins Schley and WobbleWorks serve PI at world’s biggest toy trade fair

The Nuremberg-Fürth Regional Court has handed down an ex-parte preliminary injunction against myFirst Tech Asia, after its competitor WobbleWorks accused the company of infringing the latter’s 3D pens (case ID: 19 O 581/24). The action took place at the world’s biggest toy trade fair, which the Bavarian city hosts every year.

Compared to Munich or Düsseldorf, the city of Nuremberg is not a usual forum in which parties bring patent infringement cases. However, the location and transient nature of the toy fair, as well as the defendant’s lack of internet presence, meant the claimant party chose it as the optimal site in which to assert its claims.

WobbleWorks goes 3D

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

Its competitor, Singapore-based myFirst Tech Asia, also develops 3D pens. The company had these products on display at the annual Nuremberg-based Spielwarenmesse (toy trade fair), this year held from 30 January – 3 February.

WobbleWorks was able to secure a fast turnaround at the Nuremberg court, securing a PI on the same day in which it filed the request. A bailiff served myFirst Tech Asia with the PI, meaning the company had to empty its stall of products – including those which were non-infringing – pending the reimbursement of attorney fees for the claimants. It also served its competitor with a claim for information.

Marc Grunwald

Nuremberg the optimal forum

According to German jurisdictional law, the international nature of the toy fair meant that Düsseldorf Regional Court could have had jurisdiction to hear the case. However, with the fair only taking place over a few days, the claims were time-sensitive.

Furthermore, since myFirst Tech Asia has no Germany-wide internet presence, the only other choice was Nuremberg, since this is the city in which the trade fair took place.

As it stands, myFirst Tech has not announced which firm it has appointed as its representative in Germany. However, the proceedings are not over; the company can file an objection against the PI.

Parallel opposition proceedings against EP 672 are also ongoing at the European Patent Office. The patent has already survived five third-party observations in the prosecution case, but e-commerce company Shenzhen Xinpeng International E-Commerce, represented by Frankfurt-based patent attorney firm Gierlich & Pischitzis, has filed an opposition against the patent.

Enduring connections

Sebastian Höpfner

Mixed Munich-based firm, Peterreins Schley, led for WobbleWorks. Lead partner Marc Grunwald and Sebastian Höpfner, who is a patent attorney and partner at Zwicker Schnappauf & Partner, had previously worked together for WobbleWorks during their time at Bird & Bird.

In August 2022, Grunwald moved from the international firm to take up a position as equity partner in patent litigation at Peterreins Schley. Höpfner had already left the firm for ZSP in spring 2022.

Thus, both the client relationship and working relationship have endured; Grunwald brought WobbleWorks to the firm when he moved to Peterreins Schley, once again working alongside Höpfner. The latter leads on the patent prosecution case. Dual-qualified Peterreins Schley name partner, Frank Peterreins, also provided support alongside Grunwald.

For WobbleWorks
Peterreins Schley (Munich): Marc Grunwald, Frank Peterreins (both partners); associates: Simon Reuter, Constanze Wedding
Zwicker Schnappauf & Partner (Munich): Sebastian Höpfner (partner); associate: Pauline Röscheisen
In-house (Hong Kong): Daniel Cowen (CEO)

For myFirst Tech
No current information

Regional Court Nuremberg-Fürth (19th Civil Chamber), Nuremberg
Magdalene Schroeter (presiding judge)