I believe, like others, that everyone doesn't have the problem because of the way each individual holds their phone. There are probably some other variables as well (ear shape...ear hair?), but I don't believe this is a hardware issue.
After sitting here and experimenting with mine (placing a call and then moving my hand on/off & up/down on the screen), I can't imagine that it's software related. Mine works - perfectly. The only way my phone would reproduce the problem (based on what I've read) is if I held the phone a full 1 to 1.5 inches off of my face/ear. I cannot imagine that is how people hold their cell phones during a conversation.
A friend of mine told me today that he is having this problem so I am hoping to sit down with both phones and compare how they function. That might shed some more light on things and/or change my opinion.
The only way it could be software related IMO is if the screen sleep program is setup to activate/deactivate based on a certain range of data from the sensors - and the sensors are not consistent from one device to another. If that is the case then one could argue that it is also a hardware issue. I'm not a programmer nor cell phone designer, but I can't imagine an updated algorithm to "fix" the broken phones that wouldn't simultaneously hinder the function of the "working" phones.