This seems to back up what I've been hearing. I agree that it doesn't make sense, but how BMW handled this entire changeover didn't make sense either. My salesman was shocked when some 08 5 series cars that weren't supposed to have the LCI controller showed up w/ them, while other 08 5ers got screwed. My father was pretty upset too when his brand new 2009 X5d came with the old system, yet my girlfriend's 2009 335xi, along with basically every other 2009 model, gets the new CIC system. It really shouldn't be this difficult to deliver systems across a brand at the same time.