As this thread dates back to 2011, I have come to the realization that Microsoft doesn't care about this product (other than it sells) and has no plan to fix it.
I am using a Surface 3 Pro with windows 10 and, while this mouse travels well, I generally have to re-boot it about 3-4 times a day just for cursor control. I have totally given up on the scroll pad and am actually surprised when it does happen to work. I use a conventional wireless keyboard and mouse when in my office.