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Samsung may add iPhone 5 to patent claims against Apple

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Samsung, in a move that could escalate its patent war with Apple, is considering adding the iPhone 5 to a patent infringement lawsuit against Apple, according to a news report.

The action would be taken after the smartphone’s launch Friday, according to the Wall Street Journal. It cited a court filing that said the South Korean electronics giant expects to add the new Apple device to a case that is set for trial in 2014.

The case is separate from the one earlier this year that resulted in a U.S. Federal Court ordering Samsung to pay Apple more than $1 billion in damages.

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PHOTOS: Apple iPhone 5

The 2014 case has been filed with the same court and already both companies have a list of eight patent infringements they’re claiming against each other.

“Based on information currently available, Samsung expects the iPhone 5 will infringe the asserted Samsung patents-in-suit in the same way as the other accused iPhone models,” Samsung said in a court in filing, according to the Wall Street Journal. The report said Samsung would decide whether to amend “as soon as it has had a reasonable opportunity to analyze the device.”

In an official statement released in South Korea, Samsung said it has little choice but to protect its property.

Samsung has been on the offensive against Apple since last month’s trial defeat.

Last weekend, the company ran an ad for the Galaxy S III saying “it doesn’t take a genius” to figure out the next big thing is already here. It followed that ad Wednesday with a commercial posted on YouTube poking fun at Apple fans waiting in line for the iPhone 5.

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