Samsung may add iPhone 5 to US patent infringement lawsuit

If you thought the legal wrangling between Apple and Samsung was settled with August’s patent-infringement jury decision, you were wrong. In a patent infringement lawsuit filed in February in the same San. Jose, Calif. courthouse that awarded Apple $1.05 billion in damages, the two rivals are preparing for a grudge match. Now the Wall Street Journal reports the South Korean smartphone maker “anticipates” it will add the iPhone 5 to the iPhone 4S in its list of allegedly infringing devices.

Likely still stinging from its patent-infringement loss, the maker of the Galaxy S told the court it expects the new iPhone will be part of a lawsuit against Apple set for 2014. The one hold-up: the iPhone 5 isn’t expected to hit store shelves until Friday.

Samsung will add the iPhone 5 to its list of problematic devices “as soon as it has had a reasonable opportunity to analyze the device,” according to today’s report.

The move is not unexpected. Apple — which also claims Samsung infringes upon eight of its patents — recently added the South Korean smartphone maker’s brand-spanking new Galaxy S III to its list of offending devices. What is unknown is whether Samsung can offer new evidence not already considered by the court and if the South Korean company can expect a different outcome than the one announced in August.

However, in the lifespan of patent infringement lawsuits, 2014 is light-years away. Possibly more pressing is a Dec. 6 court date when Samsung and Apple will again appear before federal Judge Lucy Koh. There, Samsung will likely argue the jury’s decision be set aside, while Apple reportedly will press for $3 billion in damages. In the meantime, Apple fans are expected to purchase record numbers of iPhone 5 no matter how long the court drama drags on.