SE5 Sticking in gear!

I have a new (as of April) SE5 Spyder. Today makes the third and fourth time it's got stuck in gear. All three times it's been different situations, and two different operators. It will just stick in a gear, and when you try to shift it it will do nothing. After trying to discribe this to the service tech again today, he said that after the third try the bike is programmed to try to shift all by itself then. I explained to him that we tried several different things, more then three times, and still nothing happened. Each time it happened though, after it cooled for a few mintues it would then start shifting ok again. It happened randomly. While trying to shift up and down. The service tech has already put it on the computer and said nothing was wrong with it, but upgraded the software anyways. Well today I go into the shop to purchase something and we got to talking about this problem again. He again said he never has heard of this problem before, and didn't really know what to tell me. I left a little disapointed, feeling as though he didn't believe me, but guess what.. miracles of all miracles happened as I left the shop, it got stuck in gear again! I wasnt' even a block away and it got stuck in first gear, so I immediately turned aroung and took it back to shop. The CERTIFIED tech then tried everything in the book to get it to shift and it wouldn't, even after 'trying 3 times' the bike wouldn't even try to fix it's self. He was baffled, and said he 'never seen or heard of this happening before'. I tried to tell him I have read it on hear happening, he said he's been here and never seen it? I know I've read it here a few times? After he let the bike cool down, wooola, it shifted again, then on the way home it did it again. He told me that he feels 'the bike needs broke in more', and that I need to ride it harder, spinning wheels and everything to help it get broke in'. (it has about 1600 miles on it) This just don't feel right to me? but what do I know. I am new to this thing, but my husband has rode bike over 40 years! He also said if it continues to happen and if I want him to, he will tear the whole transmission apart and feels that it's a mechanical problem, not software because he once again put it on the computer and it again showed nothing wrong. Thank goodness it happened while I was near the shop, what are the chances of that? So.. any suggestions, other people experiencing this? I know there was at least one person who said they had the exact same thing happen. Any and all feedback would be appreciated. Thanks