Edible Apple

Reuters reports that Samsung is planning to add Apple’s soon to be released iPhone 5 to its existing patent lawsuits against Apple.

The fresh legal step by the South Korean group comes as Apple booked orders for over 2 million iPhone 5s in the first 24 hours of its availability. The product is due to hit stores on Friday.

Samsung and Apple are locked in patent battle in 10 countries and the stakes are high as the two vie for top spot in the booming smartphone market.

Both companies are also raising marketing spending to promote their latest products ahead of the crucial year-end holiday season.

“Samsung anticipates that it will file, in the near future, a motion to amend its infringement contentions to add the iPhone 5 as an accused product,” the company said in a U.S. court filing.

“Based on information currently available, Samsung expects that 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 separate statement on Thursday: “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.”