Apple vs Samsung: Samsung Going After iPhone 5 in New Patent Lawsuit

Apple and Samsung are going at it again. In a case filed in February of this year in the United States, separate from the case in which Apple was awarded over a billion dollars in damages, Samsung filed a document with the same U.S. district court on Wednesday saying that it "anticipates" accusing Apple's iPhone 5 of violating the same patents as the iPhone 4. 

"Apple continues to take aggressive legal measures that will limit competition," Samsung said on Thursday. "Under these circumstances, we have little choice but to take the steps necessary to protect our innovation and intellectual property rights."

In the case filed this year, which is scheduled to go to trial in March of 2014, both Samsung and Apple have accused each other of infringing on eight patented technologies each. Judge Lucy Koh, who oversaw this year's trial, will be the same judge presiding over the 2014 trial.

Before Samsung officially adds the new iPhone 5 to its complaint, the company says it needs time to analyze it fully to see if it does indeed infringe on Samsung patents. Apple has already added Samsung's Galaxy 3 smartphone to the lawsuit.

According to a report from the Wall Street Journal, even if Samsung does take action against the iPhone 5, it will not affect sales of the device, which is slated to hit shelves by Friday.

Apple Korea maintains that it is the victim of patent infringement and not the perpetrator.

"At Apple we value originality and innovation," the company said. "We make these products to delight our customers, not for our competitors to flagrantly copy."

As a result of the lawsuit judged earlier this year, not only was Apple awarded $1.05 billion, but the company requested several of Samsung's products be banned from sales in the U.S. market. The two companies are currently engaged in patent infringement lawsuits in 10 countries around the world.

As for the most current U.S. lawsuit, Juge Koh has scheduled a hearing for next week with lawyers from Apple and Samsung to discuss how the trial will proceed