I think above poster is correct - the reason they haven't released the firmware upgrade tool is because it's not finished yet - these things must be coded, thoroughly tested, etc. The reason you had a hardware replacement is because Intel don't want to say to you "just hang on a few weeks until we have the patcher"... they actually want to solve your problem now.
Of course this is all very speculative at the moment as Anandtech and Intel won't tell us yet!