Samsung is planning to appeal the US District Court for the Northern District of California to add Apple’s new iPhone 5 in the current ongoing patent lawsuit litigation.
The lawsuit includes Apple’s infringement of over eight patents associated with Apple’s implementation of LTE technology in the iPhone.
Samsung said in its US filing that it anticipates that it will file, in the near future, a motion to amend its infringement contentions to add the iPhone 5 as an accused product.
"Based on information currently available, Samsung expects that the iPhone 5 will infringe the asserted Samsung patents-in-suit in the same way as the other accused iPhone models," the filing said.
The South Korean firm’s move follows Apple’s booking of orders for about 2 million iPhone 5 devices in the initial 24 hours of its launch.
Samsung said in a statement, the company has always preferred to compete in the marketplace with innovative products, rather than in courtrooms.
"However, Apple continues to take aggressive legal measures that will limit market competition. Under these circumstances, we have little choice but to take the steps necessary to protect our innovations and intellectual property rights," the statement said.
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Apple is also facing claims from Google that its iMessage technology incorporates techniques which would have been licensed from its Motorola unit.
The patents have been filed by Google’s Motorola in 2001 and if the allegations are upheld, Google could implement sales bans on Apple’s products.
