I've been thinking that as well (that BN either isn't coming up with a fix, or something to that effect). Looking at the BN forums, there are the better part of 100 odd people discussing it in the main thread, plus some on here and some other places. Following the general business rule of thumb, if 100 people are talking about the issue, there are probably at least 1000 people with the issue that have raised it to BN directly either through returns, in store, online or over the phone reporting of the problem. I don't know how many nook touches BN has sold at the moment, but lets just say a million have sold, 1,000 with this problem is a fairly significant blip on the radar, even at just .1%.
Since some people have done 2 or 3 returns and each one has the issue, I'd wager is is probably well over 1% of the devices with the issue. So if it is something on the software end of things, I'd think they'd either be tracking it down or have fixed it by now and if it is on the hardware end of things, I'd think they'd also have tracked it down and fixed it in upstream manufacturing by now. Just seems kind of inexcusable to have a seemingly wide spread major issue like this a good 6+ months in to the product's life cycle.
PS Just checked, battery indicator went from 94% for half a second to 95%. *sigh*, hopefully simply recharging and rebooting licks it for me as that is easier than topping off and hopefully the battery indicator settles down over time. As much as it is jumping around I just don't trust it to even be midly accurate right now until it can prove it has about as much charge as it is claiming. If it is, great, I am willing to accept a 4-5% discharge in a little over 24hrs with about 2% drained from some heavy short use, 1-2% drained while there may have been the drain issue before rebooting after having charged an hour or two before rebooting and maybe 1% drained from obsessively checking the charge indicator about every hour all day today and yesterday.