The commit 7b2b160da7661bb2ade3f924b1bd3e3084e53341 cherry-picked cleanly on top of the 3.8 LTS tree. I assumed it didn't make the official 3.8 stable branch because it was EOL by the time it was proposed for stable. Since we don't see the problem when we are on the 3.5 LTS kernel we didn't try to merge it to this branch.
The commit 7b2b160da7661bb 2ade3f924b1bd3e 3084e53341 cherry-picked cleanly on top of the 3.8 LTS tree. I assumed it didn't make the official 3.8 stable branch because it was EOL by the time it was proposed for stable. Since we don't see the problem when we are on the 3.5 LTS kernel we didn't try to merge it to this branch.