There were more than plenty of rumors that Samsung would add iPhone 5 to its list of Apple devices that infringe its patents, once it is released, based on the LTE tech based patents where Samsung has a good lead and portfolio over Apple. Well, Samsung just did that — by asking the court to add iPhone 5. But, what’s not looking so good here is the fact that Samsung has not said a word on iPhone breaking on Samsung’s LTE/4G patents or something like that, but instead, the reasons cited — related to 3G standards and other features patents — are same as those for other Apple devices.

Well, the hearing is scheduled for November 6, so we’ll definitely know more on this later. For now, we don’t see Judge Paul Grewal denying the inclusion of iPhone 5 to Samsung.

This is the second patent case between Apple and Samsung – the first being won by Apple, receiving over $1 billion in awards (and looking for additional $700 million) — and the iPhone maker has included 20 more devices, including the Galaxy S3 and Galaxy Nexus, and is also looking for a permanent ban on sale of these devices in US.

Samsung had this to say to The Verge in response to iPhone 5’s addition:

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.

Let’s see how it goes.