Samsung has made a court filing asking Judge Paul Grewal to permit it to include iPhone 5 in the latest countersuit against Apple. Apple had emerged as winner in the last trial which earned the company $1.049 billion in damages. Samsung was deeply disturbed by the decision going in Apple’s favor. Since then Samsung had been trying to get even with Apple.

This recent court filing is an effort towards the same. Apple has also filed a case accusing more than 20 devices from Samsung for patent infringement. Samsung also seems to have no other option that fighting it off with a countersuit. Apple has accused devices including Galaxy S3 and Galaxy Nexus for infringing patents. Samsung on the other hand has accused that Apple had patented technology by Samsung in iPhone, iPad and iPod touch.

In the latest filing Samsung has mentioned that it is accusing iPhone5 of infringing the same patents as other devices. The infringement has been done with 3G standards-essential patents and specific feature patents. According to analysts, Samsung will not have any problem with inclusion of iPhone 5 in its claims. But iPhone 5 will not be officially included to the claims until both Samsung and Apple have a hearing with Judge Paul Grewal. The hearing is scheduled for November 6^th.

Samsung had recently received good information from Judge Lucy Koh who dissolved a preliminary injunction against Samsung’s Galaxy Tab 10.1. It has to be seen how Judge Grewal considers the claims of both Apple and Samsung. His decisions are being keenly watched by the smartphone market.

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