Motorola, Please tell me this is a bad joke!!!

I called up Verizon and they insisted on replacing my one year old refurbished Bionic (got it not too long after the phone was released) with a newer refurbished Bionic. I was one of the lucky ones that didn't have the noise problem before with the very first ota update, though i do know someone who had the problem and it WAS fixed after an update.
Of course this 'replacement' has the same whine because it is a ICS software problem duh!

****So my question is this, do I keep the newer phone that has a MUCH NEWER SERIAL NUMBER because I am almost out of warranty? Either way I'll have to wait for the next update to fix the headphone noise. ***

Thanks for your input