According to a late breaking story from last night, Samsung isn't messing around with their counter-attack on Apple. According to insider sources, Samsung will sue Apple for violating its LTE patents with the iPhone 5 just as the phone is launched tomorrow. Here's the quote,

"It’s true that Samsung Electronics has decided to take immediate legal action against the Cupertino-based Apple. Countries in Europe and even the United States ― Apple’s home-turf ― are our primary targets,’’ said an industry source.
It's interesting that Samsung is suing Apple for a feature that so far has only been rumored to be in the iPhone 5. Still, even though there has been no official confirmation from Apple, the entire industry is 99% sure that Apple will include the faster networking technology in their newest iPhone. Otherwise, their phone will continue to slip backwards as competitors outpace them in technological advancements.

Additionally, what makes this an even more important case for both companies is that these LTE patents will most likely not fall under the FRAND licensing. This means that Samsung can potentially ask for a lot more in damages from Apple. Here's another quote with more detail,

"Apple claimed the existing 3G-related patents are standard essential patents (SEPs) according to our earlier commitment to the FRAND (fair, reasonable, and non-discriminatory) terms. But the story is totally different when you talk about LTE patents. These are new and highly-valued,’’ said another source.
Ultimately, the likely outcome (and probably Samsung's intent) is that Apple will end up being forced to work out a licensing deal that is far more fair and equitable than the lop-sided court win they received in the United States recently.

Thanks for the tip, WERA689!

Source: CNET and KoreaTimes