Flase advertising is illegal. I don't think this guy's lawyer can stand-up to the big money firms that Sony will have defending them, but legally he does have a precedent to win.
Honestly, I hope he does. I'm tired of the Triple-A devs showcasing technology they won't release. Ubisoft has been lambasted for it, and yet no one had the conviction to do anything about it.
I don't think its them not releasing technology, the next gen consoles just can't run 1080p60fps with extremely pretty graphics, but maybe Naughty Dog might be the first with Uncharted 4
Then explain why they locked up the full graphics settings on the PC release of Watchdogs.
If you are unwilling or unable to release your graphical technology with your retail products, don't mislead consumers by lying to them telling them that's what they'll get and misleadingly advertising it on your ads and conventions.