The FTC maintains its belief that Qualcomm's strong phone makers are accepting their terms, and gave Apple financial incentives to push out competing chip sets from companies like Intel. However, Qualcomm's lawyer Robert Van Nest insisted that it was on fair terms and that the company was only involved in "hard negotiations" with heavy-duty phone builders who had much of their own complaint. The lawyer added that Qualcomm only gave a smaller number of wireless chips to some of the larger companies. Huawei only uses Qualcomm modems in 22 percent of phones, Van Nest says, while Samsung uses these modems in 38 percent of the devices.
Whether or not the court accepts Qualcomm's defense is not clear. As Reuters noted, the FTC case is about high-end chips where Qualcomm has a much larger piece of pie. Samsung's minority use of Qualcomm parts may not be anything if most are in high end devices like the Galaxy S line. And then there are the other antitrust cases against the company. The EU, South Korea and Taiwan have all beaten Qualcomm with penalties or settlements over its alleged competition, and there is no guarantee that the US FTC will feel different.