IPod hardware failed, new one under warantee has horrid battery life

I have an iPod 80GB purchased in 10/06. Last month, the drive failed and I was able to easily get it replaced at the Apple store where I bought it.
However, the replacement's battery life is not as good as my old one was. Since the replacements are (I assume) all refurbished models, this must be a used battery. There are only a couple months left on my warranty, do I need to prove that the battery life of the new model is less than 50% of the original life before Apple will do anything about it?
Will they do anything?

Check the warranty status on the WD web site.  You may be able to exchange it.
Ciao.

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