Consumers waging an antitrust class action against Qualcomm Technologies Inc. in San Jose have lost their bid to block any U.S. International Trade Commission orders that might exclude imports of Apple iPhones.

Qualcomm has asked the ITC to exclude iPhones that use Intel modem chips, saying they infringe three Qualcomm patents. The ITC hasn’t ruled yet, but Administrative Law Judge Thomas Pender said at a June hearing that it’s “very likely that there will be a violation found” when he issues an initial determination next month.