The notice

The Commission's notice of receipt of complaint and solicitation of comments relating to the public interest was issued November 7, 2026. It says the Commission received a complaint and a submission under section 210.8(b) of its Rules of Practice and Procedure, filed on behalf of WobbleWorks Inc. on November 6, 2026. The complaint alleges violations of section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain handheld three-dimensional (“3D”) drawing devices.

The complaint names three respondents: Guangzhou JER Education of China, MyFirst USA Inc. of City of Industry, California, and MyFirst Tech Asia Pte. Ltd. of Singapore. WobbleWorks asks for a limited exclusion order, cease and desist orders, and a bond on the respondents' alleged infringing articles during the 60-day Presidential review period under 19 U.S.C. 1337(j).

Public interest comments

The notice invites proposed respondents, other interested parties, members of the public, and interested government agencies to comment on whether the requested relief would affect the public health and welfare in the United States, competitive conditions in the U.S. economy, the production of like or directly competitive articles in the United States, or U.S. consumers. It asks in particular how the articles are used in the United States, whether there are public health, safety, or welfare concerns, whether like or directly competitive articles made in the United States by WobbleWorks, its licensees, or third parties could replace them, whether those suppliers could replace the volume of articles within a commercially reasonable time, and how the requested orders would affect U.S. consumers. Written submissions are due by close of business eight calendar days after the notice is published in the Federal Register, and the complainant may reply within three calendar days after the date the submissions are due. Submissions and replies are limited to five pages and should refer to Docket No. 3948.

The California case

WobbleWorks is already suing MyFirst USA Inc. and Guangzhou Jer Education Technology in WobbleWorks, Inc. v. Guangzhou Jer Education Technology, No. 2:26-cv-01592 (C.D. Cal.), filed February 16, 2026 against Guangzhou JER Education Technology and MyFirst USA Inc. That complaint asserts five U.S. patents that it says are all part of the same family. Each is titled Hand-Held Three-Dimensional Drawing Device and names WobbleWorks, Inc. as assignee on its face:

  • U.S. Patent 9,731,444, filed August 7, 2015, issued August 15, 2017.
  • U.S. Patent 10,792,850, filed August 14, 2018, issued October 6, 2020.
  • U.S. Patent 11,446,852, filed September 8, 2020, issued September 20, 2022.
  • U.S. Patent 11,766,819, filed September 19, 2022, issued September 26, 2023.
  • U.S. Patent 12,280,529, filed September 18, 2023, issued April 22, 2025.

The district complaint alleges infringement of at least claim 1 of each patent. It lists accused Guangzhou JER model numbers including the JER LP02, LP06, RP500A, RP560A, RP700C, RP800A, RP900A, and RP1000, and accused MyFirst products named 3dPen Artist and 3dPen Make. It says the Patent Trial and Appeal Board declined to institute trial on a petition challenging the '444 patent in which Guangzhou JER was identified as a real party in interest. It also says WobbleWorks obtained preliminary injunctions in Germany on European Patent EP 2 928 672 B1, a member of the same family: from the Regional Court of Nuremberg-Fürth against a MyFirst affiliate on January 31, 2024 and against Guangzhou JER on January 27, 2026, and from the Munich Regional Court against a third company on January 27, 2026.

The court's docket record lists the case as assigned to District Judge Maame Ewusi-Mensah Frimpong. On June 9, 2026, the court denied MyFirst USA's motion to dismiss. MyFirst USA answered and filed counterclaims on June 23, 2026, and WobbleWorks answered the counterclaims on July 14, 2026. On August 25, 2026, the court denied WobbleWorks' motion for a preliminary injunction. The order concludes that WobbleWorks had not demonstrated a likelihood of irreparable harm. It finds that the asserted lost revenue, market share, and ecosystem harms are economic harms that can be recovered later in the litigation, that WobbleWorks had not shown a causal nexus between the patented features and consumer demand, and that harm to its retailer relationships was not substantiated. It finds that consumer confusion could support irreparable harm, but that WobbleWorks' years of delay in seeking preliminary relief indicate it will not be irreparably harmed. It does not address likelihood of success on the merits. The order says it is not a final decision on the merits of any claim or counterclaim. The latest docket entries, on October 6, 2026, show a summons issued.

A Washington declaratory judgment suit

A Chinese manufacturer of 3D printing pens and a Chinese company that sells them on Amazon sued WobbleWorks in the Western District of Washington on July 1, 2026, No. 2:26-cv-02293, seeking a declaration that their products do not infringe the '819 patent and alleging tortious interference tied to WobbleWorks' infringement complaints to Amazon and an Amazon Patent Evaluation Express (APEX) proceeding. The docket shows a notice of voluntary dismissal filed August 13, 2026.

Receipt is not institution

Under 19 CFR 210.10(a)(1), the Commission determines whether to institute an investigation within 30 days after a complaint is filed, unless an exception applies, such as exceptional circumstances, a request by the complainant to postpone the determination, or withdrawal of the complaint. Under 19 CFR 210.10(b)(1), an investigation is instituted by publication of a notice in the Federal Register.

What to watch next

Watch for Federal Register publication of the receipt notice, which starts the eight-day comment period, any public interest submissions and replies, and the Commission's decision on institution, which would define the scope of any investigation. In California, watch for a schedule, service on Guangzhou JER, and, if an investigation is instituted, any request under 28 U.S.C. 1659 by a party that is also a Respondent to stay claims involving the same issues. Either matter can end at any time, including by settlement or withdrawal.