The aforementioned patch wasn't ever sought for inclusion (as memory recalls) because although it "fixed" the issue with some modified devices, it does so in a really inelegant state-dependent way.
It basically just keeps trying a few more times, to put it simply. That's the inelegant part. The state-dependant part is that the timing of it assumes the device won't be boosted at that moment, which is a pretty huge assumption.
If someone were to write and submit the right fix, instead of just a fix, and doing so didn't cause any undue distress to anyone without modified hardware then I sincerely doubt there would be any problems getting it upstream.
[Saint]