In a preliminary filing late Wednesday - preliminary because Samsung has not yet been able to examine an iPhone 5 - Samsung said:
"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. On September 12, 2012, Apple announced that it will release the iPhone 5 on September 21, 2012. 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.
"Samsung plans to file a motion to amend its infringement contentions to address the iPhone 5 as soon as it has had a reasonable opportunity to analyze the device. Because Samsung believes the accused functionality of the iPhone 5 will be similar to the accused functionality of other accused Apple products, Samsung does not believe that amendment of its infringement contentions should affect the case schedule."
In late August, Apple won a big victory over Samsung in a different lawsuit. That is just the tip of the iceberg, as the two companies are enmeshed in several existing lawsuits around the world.
However, Apple hasn't won all the battles, as in a decision in South Korea issued that same day, both companies were found to be in violation of the other's patents.
Just last week, however, there was another setback for Samsung, when a judge at the International Trade Commission (ITC) said in a preliminary ruling that Apple did not violate patents owned by Samsung.
The iPhone 5 went up for pre-order last Friday. Apple said it sold more than two million of the new iPhone in the first 24 hours. The iPhone 5 reaches retail stores Sept. 21, 2012.