We had a sneaking suspicion Samsung would add the iPhone 5 to its patent infringement complaint against Apple shortly after the device made its debut. And the Korean electronics giant has now done exactly that, asking Judge Paul Grewal for permission to include the device in its latest countersuit against Apple.

Samsung confirmed shortly before the iPhone 5 was released that it would be adding the device to its complaint if it believed that it was guilty of infringement after examination. And the company is now accusing Apple’s handset of infringing the same patents its predecessors do: a number of 3G standards-essential patents and certain feature patents.

This case isn’t to be confused with the most recent trial between the two companies, which saw Apple come away from more than $1 billion in damages. This is a relatively new case, and so it seems there’s no reason why Samsung wouldn’t be allowed to add the iPhone 5 to it at this stage.

The move won’t become official, however, until Apple and Samsung have held a hearing with Judge Grewal, which is currently scheduled to take place on November 6.

In a statement to The Verge, Samsung insisted that it would prefer to settle complaints like this out of court, but that Apple’s decision to compete in the courtroom leaves it with “little choice”:

We have always preferred to compete in the marketplace with our innovative products, rather than in courtrooms. However, Apple continues to take aggressive legal measures that will limit market competition. Under these circumstances, we have little choice but to take the steps necessary to protect our innovations and intellectual property rights.

• SourceSamsung request
• ViaThe Verge