Just this week, Samsung lost to Apple in a trial covering a host of infringements on Apple's patents. Samsung hinted that it would come back at Apple, but the Cupertino tech giant is coming back first, issuing an amendment against the Samsung Galaxy S3 smartphone.

Apple took over $1 billion from the case, while Samsung left with nothing in its countersuit. Samsung claimed the result was a "bad day for the American consumer," referring to Apple's alleged stranglehold over patents and targeting of rival companies. Samsung added that it will continue to innovate with new products, while Apple was understandably pleased with the verdict.

Apple now claims that the Samsung Galaxy S3 and Samsung Galaxy Note "phablet" are copying iPhone and iPad designs. During the debut of the original iPhone in 2007, late Apple CEO Steve Jobs hinted that the phone had been heavily patented.

The appeal was filed in a San Jose court, which also granted Apple a ban on the Samsung Galaxy Nexus smartphone. However the ban is temporarily lifted while the appeal goes to a court in Washington DC.

"[I]nfringing Samsung products include the at least 21 new smartphones, media players, and tablets that Samsung has released beginning in August 2011 and continuing through August 2012," Apple claimed. Apple attempted to ban the Samsung Galaxy S3 in June, though the case is on hold due to a busy court schedule.

Apple is expected to unveil the iPhone 5 in the second week of September, possibly Sept. 12 according to numerous sources, and an iPad Mini may launch alongside the iPhone 5 or shortly after.

Samsung launched the Samsung Galaxy S3 on May 29 and saw 10 million units shipped. It is on course to outsell the Samsung Galaxy S2's 20 million sales, then a record figure according to Samsung. The Korean tech company is rumored to be preparing a suite of devices to combat Apple's product range.

Samsung announced the Samsung Galaxy Note 2 August 29 at the Samsung UNPACKED event at IFA 2012.