Peterreins Schley and ZSP enforce PIs for Wobbleworks over 3Doodler

WobbleWorks owns EP 2 928 672 B1, which protects a “hand-held three-dimensional drawing device”. The patent relates specifically to a device that extrudes feedstock material to apply it to a surface. Users can apply the material in multiple layers to create three-dimensional objects. The company markets its 3D pen under the brand name 3Doodler.

The 3D pen market is highly competitive, with diverse applications attracting children, artists and other creative users. According to Verified Market Reports from February 2025, the market size was estimated at $1.1 billion in 2024 and is expected to reach $2.7 billion by 2033, with a compound annual growth rate of 10.5%.

Served at trade fair

Chinese companies JER and Kretrum both market 3D pens. JER displayed these products at this year’s Nuremberg toy fair (Spielwarenmesse) from 27-31 January. The PI against JER was served at the fair in late January, requiring the defendant to remove all infringing products from its stand.

The Munich proceedings stemmed from an Amazon takedown notice requested by WobbleWorks. Both Kretum and JER had opposed the takedown, with Amazon set to relist their products if the patent holder could not obtain a court decision.

The 21st Chamber of Munich Regional Court and the 19th Chamber of Nuremberg Regional Court both issued ex parte PIs ordering JER and Kretum to cease marketing their 3D pens in Germany.

This marks the second time WobbleWorks has secured a PI against Chinese competitors at the Nuremberg toy fair. In February 2024, a Nuremberg court granted an injunction against myFirst Tech Asia after WobbleWorks alleged the company’s 3D pens infringed its EP 672.

Upheld in amended form

The EPO Opposition Division upheld EP 672 in amended form in December 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. WobbleWorks plans to appeal the decision.

JER has also initiated UKIPO opinion proceedings against WobbleWorks. Any interested party can request that the UK Intellectual Property Office issue a formal opinion on whether a patent has been infringed. Since the UKIPO opinion does not constitute a legal decision by a court, it is not legally binding but can be regarded in the lines of an expert opinion.

Tried and trusted

WobbleWorks again relied on teams from Peterreins Schley and ZSP. Litigator and partner Marc Grunwald and patent attorney Sebastian Höpfner led the case together, having previously worked together against myFirst Tech Asia. Their collaboration with WobbleWorks dates back to their time at Bird & Bird. Lawyers Maximilian Gross and Maximilian Bernschneider of Peterreins Schley provided support. Höpfner also acts for the US client in patent prosecution and the EPO oppositions.

The US client came via patent attorney Höpfner, who brought in Grunwald as lawyer.

Partner Philipp Ess from Frankfurt firm Avocado represented JER and Kretrum. Avocado is not renowned for patent litigation, but rather works in industrial property law. Ess advises on patent law, employee invention law, trademark law, franchise law, unfair competition and licence agreements. He has some experience with patent ligitation stemming from his time at IP boutique Klinkert, where he worked on cases involving LED and automotive patents, for example. Ess moved to Avocado in early 2023 and Klinkert dissolved at the end of 2024.

In the UKIPO opinion proceedings, Tim Harris and Ryan West of Osborne Clarke represent patent owner WobbleWorks. JER has instructed IP firm Keltie with London-based partner and patent attorney Joeri Beetz acting for the firm. He also represents myFirst Tech Asia in the EPO opposition, while Johannes Gierlich of Frankfurt-based German patent attorney firm Gierlich & Pischitzis acted for first opponent Shenzhen Xinpinyi International e-Commerce.