Honda IMA Battery Pre-Mature Failure (DCH Honda will Not Replace)

Back in 2007 we bought a Honda Civic Hybrid. Enjoyed the car up until we got a IMA and Check Engine light at 65,000 Miles. Since the Batteries were under warranty we took the car back to DCH Honda in Paramus. They found a "Early IMA Battery Deterioration" error and printed this on their work order. There solution was to update the car's software and send us home. The car hasn't worked correctly since then. The original Warranty was for 8 Years and 82,000 Miles. Due to a Class Action Lawsuit Honda extended it to 9 Years and 96,000 Miles. Since we discovered this, we took the car back at 88,000 Miles to have them check the battery again. They deemed the car as working correctly. Honda is being very political about the problem. There is a problem with the car but they are masking the issue with a update. They will be more than happy to replace the battery after the warranty is up, only if we pay for it. Talk about "Delivering Customer Happiness"