And that was back in July. Right? Did apple return the H9s?

Yes, that was in July.  Apple hasn't returned the H9s, but we also wrote on the accompanying note that they didn't have to.  I will say though that after they made the aforementioned change in iOS 8.3 they asked us to check whether we were still seeing the problem.  They haven't asked us to do that since sending those units in.  I don't know if that means that they haven't changed anything or whether that just means b/c they now have 3 units they don't need to ask us to check anything.