This has been verified to be a hardware issue, please see below from an in house memo a BBOS source sent to us.

"Reports of the trackball intermittently not responding or functioning properly. RIM has determined a limited number of devices were not assembled properly causing an intermittent issue where the trackball might not function properly. New inventory is being received from RIM that is confirmed not to be impacted by this issue. This stock will be indentified with a Green dot on the cartons. Blackberry Tours with camera (BB9630TR) will start to ship by 8/21. Blackberry Tours without camera (BB9630TRNC) will start to ship the week of 8/24. The Green dot will be phased out after new stock is cycled. Screened Certified Like-New Replacement stock will be available for shipments via Direct Fufillment on 8/19."

Closing thread