Munich I Regional Court upholds WobbleWorks 3D pen PI against Chinese competitor granted on ex parte basis in January

Context: In late January, just before the Nuremberg Toy Fair, WobbleWorks, maker of the 3Doodler pen, obtained ex parte preliminary injunctions (PIs) in Germany over EP2928672 (“Hand-held three-dimensional drawing device”). There was no time before the trade show to hear the defendants. Those enjoined on an ex parte basis can, and typically do, request a hearing, in the build-up to which they can argue their defenses. 3D pens enable the creation of three-dimensional objects by moving a pen in the air or on a surface. It is a rapidly growing market.

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Court and counsel

21st Civil Chamber: Presiding Judge Dr. Hubertus Schacht, Judge Dr. Julia Obermeier, and Judge Dr. Sebastian Benz.

Counsel for WobbleWorks: Peterreins Schley’s Dr. Marc Grunwald,  Dr. Simon Reuter, and Maximilian Gross (“Groß”); and ZSP patent attorney Dr. Sebastian Hoepfner (“Höpfner”).

Counsel for Shuyu Technologies: avocado Rechtsanwälte Berger Figgen Gerhold Kaminski Voß