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. On September 12, 2012, Apple announced that it will release the iPhone 5 on September 21, 2012. 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 plans to file a motion to amend its infringement contentions to address the iPhone 5 as soon as it has had a reasonable opportunity to analyze the device. Because Samsung believes the accused functionality of the iPhone 5 will be similar to the accused functionality of other accused Apple products, Samsung does not believe that amendment of its infringement contentions should affect the case schedule.
In other words - Samsung doesn't have proof that the iPhone 5 infringes on anything, but it believes the realization of the LTE connectivity in the iPhone 5 is identical to that in other Apple products (the latest iPad). It's yet to analyze the device and extend its claim if its suspicions come out correct.
Apple is not sitting still either. The lawyers of the Cupertino-based company have identified Android 4.1 Jelly Bean as their next target and will try to deal a major blow to the platform, by proving that Android's core functionality infringes Apple-owned patents.
Judge Koh, who is in charge of the lawsuit, will hold a hearing on Wednesday (September 26) to discuss its further management.