The US Federal Trade Commission says it won’t take its case against Qualcomm to the Supreme Court, even though the agency claims the chip giant broke antitrust law by selling chips for smartphones.

The FTC alleges Qualcomm had engaged in anticompetitive patent-licensing practices to keep a monopoly on the market for modem chips that connect smart phones to wireless data networks.

An appeals court ruled in August that the FTC failed to prove its case.

The FTC cited significant headwinds facing the commission in the matter as the reason for no longer pursuing the case.