iPhone 5 in US Market on Top, Android in a Close Second Place

In the midst of lawsuit battles and one-ups, Apple has accomplished the feat of topping U.S. markets once again.

Earlier this week, Apple was accused of throwing a child-like tantrum for expanding their list of condemned Samsung products after a judge ordered the company to share information with Samsung as part of a defense during a lawsuit. Samsung argued that the information regarding the HTC patent deal could help build their defense against Apple's attempts to have certain major Samsung products taken off the shelf.

In return, Samsung has gone after Apple's iPhone 5. But that hasn't kept the phone from returning Apple to the top of the smartphone markets in the U.S. According to the latest data, the new iPhone has pushed Apple beyond an Android-controlled market. Android had achieved 46.7 percent, but it has been predicted that Apple will surpass that and their own record of 49.3 of the market share.

"The last time we saw iOS overtake Android in the US was when the iPhone 4S was released and Apple managed to retain its lead for three consecutive periods," Dominic Sunnebo, global consumer insight director at Kantar Worldpanel ComTech, told AppleInsider. "This time we predict that Apple will beat its previous high of 49.3 percent and achieve its highest ever share of the US smartphone market within the next two periods."

Apple customers have also reflected that they are loyal to the company. According to the report, existing iPhone owners made 62 percent of new iPhone purchases. In addition, 92 percent of iPhone customers in America stated that their next phone purchase would also be an iPhone. The results were based on a survey conducted by Kantar Worldpanel.

Meanwhile, Apple will still attempt to have the latest Android software removed from shelves, including the latest operating system, Jelly Bean 4.2.1.