A California court will allow Samsung to include Apple's iPhone 5 to the product list in a battle between the two companies over patent disputes.

The court also approved adding the Samsung Galaxy Note 10.1 to the case as well. It was noted however that the device would not have a huge impact on the case in the end however.  

"Samsung's amendment does not seek to add new claims or theories of infringement, but merely adds another device that has the same accused functionality as the previous versions of the iPhone," Judge Paul S. Grewal wrote on Thursday in a letter about the case. "As a result, Apple's analysis in defending against Samsung's contentions should remain largely the same."

Samsung and Apple have been going at it since April of last year when Apple sued Samsung over "copying its iPad and iPhone" with its Galaxy devices according to PC Magazine. Apple won a heavily disputed case this summer when a California court ruled Samsung owed Apple over $1 billion over patent infringement charges.

The jury determined Samsung infringed on more than one Apple designs and patents and included those designs on products like the Galaxy S 2.

Grewal approved Apple's request earlier this month to include the U.K. version of the Galaxy S 3 and the company was also hoping to add the Android Jelly Bean operating system to the case as well. They weren't successful completely however since Apple didn't make the request "quick enough" and wasn't "more specific about the infringement violation" according to the court report.

Grewal determined that Samsung has no control over Jelly Bean since it is owned by Google, thus only the Samsung Galaxy Nexus would be added to the list.

"Given the early stage of this litigation and the reasoning of this order, the court notes that Apple should think twice before opposing similar amendments reflecting other newly-released products-e.g. the iPad 4 and iPad mini-that Samsung may propose in the near future," Judge Grewal wrote in his order.

Don't expect a quick resolution for this on going dispute however. The case won't go to trial until March 2014.

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