Samsung has won the right to add the Apple iPhone 5 to its US patent infringement complaint.
US magistrate Judge Paul Grewal ruled to allow Samsung to pursue its copyright infringement claims against the iPhone 5 on Thursday, according to Reuters.
Samsung welcomed the decision reiterating its argument that Apple's case against it was a direct attempt to stifle innovation in the smartphone industry.
"We have always preferred to compete in the marketplace with our innovative products, rather than in a courtroom," said a Samsung spokesman.
"However, Apple continues to take aggressive legal action that will restrict market competition. Under these circumstances, we have little recourse but to take the steps necessary to protect our innovations and intellectual property rights."
At the time of publishing Apple had responded to V3's request for comment on the ruling.
The iPhone 5 is the latest product to be added in Apple and Samsung's ongoing tit-for-tat legal war.
As well as Jelly Bean and the Note 10.1 tablet, Apple is also seeking bans on the Galaxy S 4G, Galaxy S2 AT&T model, Galaxy S2 Skyrocket, Galaxy S2 T-Mobile model, Galaxy S2 Epic 4G, Galaxy S Showcase, Droid Charge and Galaxy Prevail.
Apple and Samsung's legal war began in the US in 2011, after the iPhone maker accused Samsung of "slavishly copying" iPad designs with its Galaxy tablets. Samsung subsequently responded to the accusation with its own slew of patent infringement claims.
Samsung and Apple's patent war has since escalated and gone global, with the two currently embroiled in 50 patent lawsuits across 10 countries. The decision on whether a sales bans will be granted is not expected until December.
The war has had mixed results for both companies. In the US Apple has secured a record $1bn win over Samsung. In the UK, however, Apple has been forced to print a series of embarrassing adverts conceding Samsung did not steal its designs.