By Michael Oleaga / m.oleaga@latinospost.com (staff@latinospost.com) | First Posted: Oct 04, 2012 11:26 AM EDT

Even before the iPhone 5 made its debut on Sept. 12, it was reported Samsung would sue Apple over the addition of LTE.

The report is might now be true.

In early September, a source told the Korean Times that Samsung "has decided to take immediate legal action," upon news the iPhone will have LTE capability.

In a new court file issued by Samsung, the South Korean company has added the iPhone 5 to the ongoing patent-infringement lawsuit.

Samsung is claiming the new Apple smartphone infringes on two Universal Mobile Telecommunications System (UMTS) standard patents and six features patents.

The court file noted, "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 also stated they have notified Apple about the intention to add the iPhone 5 into the patent-infringement trial back on Sept. 18, three days before the iPhone 5's US retail release.

As the court file stated, "This case is still early in the discovery period and Apple will therefore have ample opportunity to prepare its defenses to Samsung's allegations of infringement with regard to the iPhone 5."

The file doesn't state specific patents, but it is likely to include LTE to the case, which won't go on trial until 2014.

View Samsung's court file below:

Samsung's revised Patent Complaint against Apple to include iPhone 5

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