I talked with someone at Mods4cars (the manufacturer of the smarttv, remotekey, smarttop) about this issue.
He told me that there is no hardware update that would solve the issue. Also, he said they are unsure exactly which models/years have this 'problem.' The only issue i could confirm on my car was that the comfort access at the trunk didnt work correctly after the car had been sitting for a period of time (maybe 15 minutes or more??). I can't confirm or deny that i had any type of abnormal battery drain. But since i did have the trunk issue, i didnt feel comfortable leaving the unit as is.
Mods4cars recommended that instead of tapping power as indicated in the instructions (behind the radio), to rather tap power from under the glove box. I was told to follow steps 31-33 from here: http://www.wit-usa.com/sms/db/smartt...install/en.php
So I did this and everything seems to be working fine now.
Something to note - the harnesses in my 2011 e92 (june 2010 production) were reversed (see picture) when compared to the manual attached above. The black harness was on the right in my car - this was the one i used for power. The power (blue/red) wire was in pin 3.
Since making the change, the comfort access at the trunk is working again. I don't drive the car that often and often have it on a battery tender - so i cant comment on any other side effects at this point, though i dont expect there to be any.