Samsung Electronics said it will file a patent lawsuit against Apple's new iPhone 5. In a brief it submitted to the Northern District Court of California on Thursday, Samsung said it will file a motion once it has obtained and scrutinized the iPhone 5 to ask for an injunction banning the sale.

Samsung believes the iPhone 5 is so similar to older models that it likely also infringes Samsung's communications technology patents.

The iPhone 5 goes on sale in the U.S. and many other countries on Friday.

But on Aug. 24, jurors at the same court issued a verdict that Samsung violated Apple's design and technology patents but threw out all of Samsung's counterclaims, awarding Apple US$1.05 billion in damages.

Samsung has since filed an appeal seeking a decision from the judge. A Samsung executive said, "We decided to sue against the iPhone 5 with a view to ensuring sustainability of corporate innovation and protecting intellectual property rights."

Samsung is expected to submit a letter of appeal to the court on Friday, the deadline for submission, arguing that the jury selection and deliberation were flawed.

Apple is in turn expected to ask the court to increase the amount of damages. The U.S. maintains a punitive damages system, whereby the court can triple the amount awarded by the jury in cases of willful tort.