Will the 2010 shocks still retain the 5 warranty?

That seems a shame for future owners of Specialized design shocks, that will be put together by FOX. I am 100% confident that the new head seal has fixed any problems and they will be reliable anyway. Fox has timed this to perfection as they will get the credit even though Specialized has already fixed the problem prior to them taking over the building. I guess Specialized are happy with this as say people get problems 3-4 years down the line, they won't have to replace/repair. I think the reason for the return to Fox warranty is because Specialized are also confident about the new head seal, therefore the need for the 5 year warranty will be gone.
If I had an 09 shock I would ask that it be replaced with another 09 as it is the same anyway, just built by someone else with their logo. Be confident in the AFR now, the seal has it sorted. I am and believe me I have taken some convincing with alot of Epic and Stumpy shock issues.
I believe Specialized will still service the new shocks but any warranty issues go through FOX.

Bellullabob

I am very reliably informed that the 09 Epic shock is exactly the same as the 2010 Epic shock, just put together by FOX and still all Specialized design. Your shock is every bit as good as the 2010 version and was in fact probably built by Fox anyway, as the slightly later 09 shocks manufactuering switched to them a while ago .It is just that for 2010 they put them all together. So you get a 09 shock the same as the 2010 but with a 5 year guarantee.

Also the Bike radar tester has obviously become a little confused around this issue, but remember these people don't know brained bikes as well as those of us who have ridden them exclusively for a few years. His comment of the almost unnoticebale feeling of the shock opening up in lower brain fade levels is already true in Current Epic and Stumpies, when dialed out a bit. It actually feels less noticeable on the Stumpy but this is due to the slightly softer platform, and lighter shim stack. He has made a fair few mistakes in the report, especially that 2010 Epic shocks and brains react better now that they are Fox. The shocks are identical.
Current AFR's are instant in opening up when working properly. Just with FOX building them it restores confidence and I imagine QC.