Interesting that you would expect that IF Apple can fix this then it would be free. They do not own you anything, not even 5 minutes to entertain that lofty idea. How did your phone get scratched? Who knows! Can you fix it? I guess. Get something like iKlear and see if that somehow works out for you. For a good laugh take it to Apple and tell them it is scratched and you would like to get it fixed, "for free you expect!"
As for the user who had the incase rubber case. I am of the opinion that there are few, if any cases, that will totally protect your phone. I had the Agent 18 case, the little teeth that kept it together broke off, one after another. One was trapped beneath the phone long enough to do a bit of damage. It's light, but it's damage nonetheless. Agent 18 cost me some cosmetic damage but they didn't cost me $400 as the phone apparently still functions with a light blemish. Sorry your incase screwed your phone up so badly that you can't use it.
I don't apologize if that sounds harsh. It wouldn't have to sound harsh if there wasn't some sort of blanket feeling that because one paid full price for a phone (many phones are $400 out the door but that is without a contract) that Apple should fix every little thing that happens. It is a phone, it was meant to be used.