Perhaps. I get 60 45-60 fps in plenty of areas, but I get a lot less than that in places where I'm sure I should get a lot more.
I've read a lot on WoW forums about 9800 series cards crashing/hanging and generally failing to run the game at spec. It seems to be a known compatibility issue, but my problems go far beyond WoW.
I've tested the card on Dungeon Seige II (an old game that the 9800GTX+ should have no trouble with) and found myself stuck with jerky, stuttering gameplay at a mere 20 fps. There is something very wrong here.
I think it might be time for an RMA. Will send a Webnote and see what they say.