So I went to visit the Genius Bar this morning and was prepared to argue with any Apple employee in order to get a new phone. I told the guy that I had issues with outgoing calls having no audio. I explained that if I immediately called back the audio would work, or if I toggled speakerphone on and off the audio would work. He asked me if I had backed up my phone, and I told him I did, and that I've tried a factory restore and still experienced the same problem. After that he said, "okay well let's get you a new phone". I did not have to mention this long thread or articles posted by cnn, cnet, gizmodo. He did not even attempt to make a phone call with my phone.
As he was finishing up the process in the back, I overheard another customer next to me being helped. He was having reception issues with his new iPhone 3GS. All he mentioned was "reception" but the Apple employee that was helping him was quick to ask if he had problems not hearing other people when making phone calls. It leads me to believe that there may be an issue with the new 3GS units as well, but more importantly, that Apple employees are aware of this issue but not openly admitting it. The customer, however, said that people on the other line couldn NOT hear him, but he could hear them.
So far my new unit seems to be working find. I've had no issues yet and I'm currently doing a restore from iCloud. I will continue to do a lot of testing to make sure I have a good working unit. The guy that helped me was very polite and helpful. He mentioned that I did have a 1 year warranty and I could go back and replace my phone as many times as I needed to until I get a working unit. He told me that he was quick to replace the unit for me because it seemed like I had a legitimate issue and that I actually tried to do my own troubleshooting. He told me that sometimes he gets customers that try to get new phones because they get liquid in their phones and claim it's the phone itself. I will be going back to him if I have anymore problems.
Good luck to anyone else that has this problem. Don't take no for an answer, IMO. If they deny you, go back and talk to someone else. Prior to today's visit with the Apple store, I was at a different one last Saturday and the guy actually took my phone to the back to "test it out". After 5 minutes, he came back and said my volume wasn't turned up all the way. I was thinking, wow you must think I'm dumb or something. I don't need my volume full blast. I had the volume at the level on purpose. Then he said I should reboot my phone to clear up memory, and then he said it was a software issue lol. So I left but I'm glad I went to a different Apple store and talked to someone else. So I guess what I'm trying to say is, it really depends on who you talk to. Some will give you a hard time, some won't. I hate to hear paying customers being denied a replacement after having issues with their phones. Just be ready to back up your argument.