The difficulty there, however, will be proving that the phone is worth $400.
This phone isn't in production yet. You can put a much higher value on a "prototype", including all the R&D, tooling expense, new materials, etc etc etc.
And what if the 4G retails for $1,999? How about $499,999? You can't prove it won't at this point, can you? Saying the older model is the example for the cost of the new one isn't a logical connection in a court of law.
Sure, and Apple can say "that 4G had a new processor chip. We've only built 10 to date and spent 40 million dollars on designing it, doing revisions, and renting fab time to make these 10."
This phone isn't in production yet. You can put a much higher value on a "prototype", including all the R&D, tooling expense, new materials, etc etc etc.
And what if the 4G retails for $1,999? How about $499,999? You can't prove it won't at this point, can you? Saying the older model is the example for the cost of the new one isn't a logical connection in a court of law.