Four of numerous flaws of proposed EU SEP Regulation are illustrated by OPPO's Swedish victory over Nokia: binary register won't reflect non-binary world, and jurisdictional differences matter

The Swedish Patent and Market Court recently invalidated two declared-essential patents held by Nokia in a case against OPPO. This differs from rulings in other countries, highlighting the issue of conflicting decisions from different jurisdictions. The EU SEP Regulation proposal does not address this problem and may allow patent holders to enforce invalidated patents without complying with the regulation. The outcome of essentiality checks can vary depending on jurisdiction, making it difficult to determine if a patent is truly essential. The proposal's approach to essentiality checks may not be practical or effective in real-world scenarios.

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