Samsung has officially requested that the iPhone 5 be added to its patent complaint against Apple.
"The iPhone 5 has the same accused functionality as the previously accused versions of the iPhone, so the proof of infringement of the patents-in-suit by the iPhone 5 is the same as for other Apple devices already accused of infringement in this litigation," Samsung wrote in its Monday filing.
According to Samsung, the new Apple iPhone infringes on two of Samsung's UMTS standards patents and six feature patents.
Just before the 21 September release of the iPhone 5, Samsung said that it expected to file a complaint against the new smartphone "in the near future." In its Monday filing, Samsung said it had to wait until 21 September, just like everyone else, to get its hands on an iPhone 5.
After a week-long examination, "Samsung put Apple on notice that it intended to amend its infringement contentions, and provided Apple with a copy of its proposed amendments," according to the filing.
Samsung argued that Apple would "suffer no prejudice" by having the iPhone 5 added to the complaint. "Samsung is not seeking any new patent claims, so proof of infringement by the iPhone 5 will be the same," the company said.
Apple recently won big in a patent trial against Samsung, but this complaint is related to a second patent case between Samsung and Apple in California, which is scheduled to go to trial in March 2014.
Meanwhile, yesterday, the judge in the earlier patent trial agreed to lift a ban on the Samsung Galaxy Tab 10.1 in the US.