If Apple does what you suggest, I think that they will sell zillions of i4s and i4S's. Phones are not advancing nearly as fast as they were a couple of years ago. Having an older design like the i4 is not nearly as much of a handicap as it once was.
The trial is over. There will be no more depositions. There will be no more testimony of key executives. It has all already happened. Apple has already incurred those expenses. There will be no more major legal expenses. The trial is over.