Samsung will likely include the iPhone 5 in a patent infringement lawsuit against Apple that is currently in US courts, according to a filing at a US federal court in San Jose, discovered by the Wall Street Journal. The company says it is in fact waiting for a "reasonable opportunity to analyze the device," which launches on Friday. The lawsuit is notably distinct from one which recently went to trial, and saw a jury recommend a $1.05 billion penalty against Samsung, though Apple could ask for up to $3 billion in damages.