Samsung said it will likely file a motion with a U.S. court to include the recently released iPhone 5 as part of its ongoing suit against Apple, but only if the device is suspected of infringing Samsung-owned patents.
The South Korea-based technology giant had already threatened legal action against the iPhone and iPad makeron the understanding that the device would contain 4G LTE capabilities, a technology that Samsung owns a number of patents relating to.
But according to Reuters, Samsung has already filed a note with a California court stating that it intends to file a motion in the near future to include the latest iPhone as part of its overall complaint.
"Samsung 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," the note explains. "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 two rival smartphone makers remain at loggerheads despite Apple claiming victory over Samsung earlier this year in a more than $1 billion damages win, after the Korean smartphone maker was found to have infringed Samsung products.
We've reached out to Samsung for comment, but didn't hear back at the time of writing.