quick way to test the remote, aim it a digital camera (of any kind, cell phone, regular still camera, iSight) and press a button, you will be able to see a white-ish light if it's transmitting (try it out with another working remote from your TV if you don't see anything, just to see what i mean)
try taking the battery out, and putting it back in.
it's possible the packaging was messed up and was pushing a button, so you could have a flat battery.