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Help...driver error when connecting pen

Exchanged my i5 128 SPa3 for the i7 256 yesterday. After installing every update available, I am still not able to connect my surface pen. The driver error message sent me to device manager where I see the dreaded yellow triangle on the touch controller firmware. The system continues to tell me I have the latest driver yet after restarting numerous times I have the same issue. MS support was useless.
I tried deleting the firmware, restarting, reinstalling firmware update from MS but the problem persists.

I really want this to work for me. Any advice or fix before I return the unit for good?

Thanks.
 
I refreshed the device using the refresh option under recovery. This fixed the issue but I noticed all updates were removed. I fear once I reinstall all updates, the firmware error will reoccur. Does anyone have experience with this?
 
After refresh ands update(s) install, the pen functions normally. However, the firmware driver continues to display a caution triangle in device manager. A different agent at MS support said this driver issue is common with the SP3 and should be exchanged.
 
Agree with these ^^ 2 guys, your device has a hardware issue, you should get it replaced. Let us know how it goes!
 
I had that problem (and MS store first tried a new pen and when the problem still existed they swapped me a new SP3 and I still had the problem in both Win 8.1 and Win10.
Just upgraded to Win10 Build 9879 and the problem seems to be fixed.
 
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