The patent brawl between Samsung and Apple marches on. Samsung on Tuesday filed amendment documents requesting to add the iPhone 5 to its existing suit against the Cupertino company.

Samsung accuses Apple's latest smartphone of infringing eight of its patents, the same ones it claims Apple's new iPad, iPad 2, iPhone 4S, iPhone 4, and iPod touch also infringe. In its filing, Samsung states, "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."

To justify adding the iPhone 5 to the previous filing, Samsung states in its amendment that it "could not have known whether the rumored iPhone 5 would practice its patented technologies when it filed its infringement contentions on June 15. The product was not on the market at that time and could not have been included in the contentions."

Nonetheless, Samsung had already threatened to sue Apple over the iPhone 5 this month. And earlier reports indicated that Samsung had planned to add the iPhone 5 to its list of infringing Apple devices once it confirmed that the smartphone had 4G LTE capability.

The news comes just over month after a U.S. jury found Samsung guilty of violating many of Apple’s design patents. The jury decided Samsung owed Apple close to $1.05 billion in damages.