Just remember, complain to your congressmen and senators about the state of the patent system and the overly broad power granted to the ITC. The patent system is broken by allowing these overly broad software patents. Microsoft and Apple are just abusing the system... fix the system and this won't be a problem anymore.
I don't mind the concept of patents. However, the purpose of it was not to eliminate competitive products... you can patent a design for a vacuum cleaner, but not a concept of a device that sucks up dirt. That's just a random example... I'm sure there are better ones out there.
Another alternative would be to start manufacturing smartphones in the USA... then customers and the ITC won't be a concern at all. Wishful thinking, I know...