It looks like there are already 535 with updated hardware released. At the wpcentral forums the user "zed 3250" mentioned it:
[quote]
i believe it's really a hardware problem:
i bought mine from amazon france around 3 weeks ago and it does have the touch problem, but i've seen people from french forums who recently (3~4 days ago) bought the phone reporting no issues whatsoever, even without the update (it's not out yet in france).
I've even asked one of them about his hardware version and he said it was 0.5.0.1 (which is weird because mine was 3.0.0).
I really hope microsoft will make an official statement about this.
[/quote]