Hi
This is a difficult case and I doubt they will win the case. In the end only the lawyers are laughing. The speed also depend on optimization. Consider Pentium Pro vs Pentium case. On 16 bit (Win 3.1) applications, Pentium I beat Pentium Pro. But on 32 bit (Win 95) applications, Pentium Pro is the winner!
The same program optimized for P.IV may run faster than similar program on P.III and the case will be turned down by the judge. Similar with P.IV vs AMD. Its depend on optimization.