The fresh legal step by the South Korean firm comes as Apple reported pre-orders for the new iPhone 5 of two million in just 24 hours.
Samsung and Apple are locked in a global patent battle in 10 countries and the stakes are high as the two technology giants fight for the top spot in the booming smartphone market.
Both companies are also increasing their marketing spending to promote their latest products ahead of the crucial year-end holiday season.
Samsung said: "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."
In a separate statement, Samsung claimed: "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."
In late August, Samsung was fined more than $1bn for breaching Apple's patents.
A court in California ruled Samsung had copied critical features of the iPhone and iPad and awarded Apple £663.5m in damages.
The jury also found Apple did not infringe any of Samsung's asserted patents. Samsung has since vowed it would continue to fight.