Apple is said to be launching the iPhone 5 tomorrow, and the device is rumored to support 4G LTE, a standard for wireless communication of high-speed data for mobile phones and data terminals.  The thing is, Samsung holds third to the highest patents on 4G LTE at 12.2 percent, topped by Nokia at 18.9 percent, followed by Qualcomm at 12.5 percent.  This means the company could sue Apple for infringement if iPhone 5 does feature LTE capabilities, which they’ve already threatened to do.

Currently many networks are using 3G, but because of technological advances network carriers will soon be replacing 3G with 4G LTE, so wireless data can be accessed much faster.

And as expectations grow around the iPhone 5’s possible 4G LTE support, Samsung already decided to take immediate legal actions against Apple.

According to a report from Korea Times, sources say that the South Korean electronics giant “has decided to take immediate legal action” with Europe and the United States as their “primary targets,” the source said.

Apple is currently locked in a patent infringement case against HTC regarding data transmission in wireless devices.  The patents are said to be critical to 4G LTE, as they allow for faster data downloads.  Apple seeks to invalidate HTC’s claims, stating that the patent shouldn’t have been awarded to HTC in the first place, but U.S. International Trade Commission Judge Thomas Pender may make it hard for Apple.

“Clear and convincing means something to me,” said Judge Pender referring to the legal standard in determining that a patent shouldn’t have been issued. “I have to be pretty darn certain a U.S. patent is invalid.”

If HTC wins this battle, they could seek to block sales of Apple’s newest iPad, and possibly the iPhone 5, if it has 4G LTE capabilities.  And if HTC wins this round, Samsung could probably use it against Apple in filing their own case.

Samsung is in a bit of slump as just a few weeks ago, they lost a very important and expensive battle against Apple.  The San Jose District Court ruled in favor of Apple in their patent infringement case and ordered Samsung to pay $1 billion to Apple for damages.

Samsung is quite a successful company so $1 billion may not put a dent in their pockets but as some say, it’s not about the money, it’s about the fight.  Winning is everything.  If they didn’t win that round with Apple, Samsung is going to do everything to win in another case.  And a 4G LTE patent infringement case may just be what Samsung needs.