I remember your thread about your initial troubles. I also recall telling you not to buy a Lithium battery until you figured out what the problem was first, telling you back on 10-16 that if your system drains the Lithium battery below a certain charge level that all of the manufacturers state that the battery is considered dead. Here is that thread, I was the second reply, http://www.ducatimonster.org/forums/...g-battery.html
From what I could tell in the thread, you bought the Ballistic before replacing the shot voltage regulator. So in the back of my head I feel as though I've mentioned this fact at least 4 or 5 times to deaf ears.
Directly from the Ballistic website, I'm hoping you've bothered to at least fact check what I've been saying, http://www.ballisticparts.com/downlo...structions.pdf
Above link is the users manual for the battery as stated by Ballistic, do not allow a parasitic drain to lower the charge below 9v, so be careful with accessories and alarms. Once drained to 6v or below, the battery is considered dead.
Those are the 3rd and 4th warnings in the manual, right after the application chart. The 6th warning states that failure to do so will void the warranty.
Ride the bike for a week or so with the old lead acid, if it stays charged then you know the system is working and that your lithium is shot. You can always try to make a claim, heck maybe there was an issue with the battery as well as the voltage regulator. My feeling is that since they state the battery should not be allowed to run dead, that it was killed in the line of duty. Maybe they will cut you some slack and just send out a new one. Probably like HDepot and Walmart, they don't really care what the reason is, just make the problem go away. That would be good for you if that is the case. I know another member called them and said his was DOA and they made it right immediately.
Good luck and I hope the bike is finally fixed so you can enjoy it.