There have been some variable renaming/moves/changes. See additional comments for info along with attached patch(es) & ebuild(s).
Seems the fix was as simple as copying/migrating the patch file for kernel-2.6.32 from Bug #300047. :-/ Making some noise. Lets get ltmodem-20090420 into the tree. Here's an updated ebuild migrating the patch from kernel-2.6.32.
Created attachment 223085 [details] ltmodem-20090420-r1.ebuild Migrates epatch(es) from 2.6.32 to 2.6.33
Created attachment 223087 [details] ltmodem-20090420-kernel-2.6.33.patch Simple copy of kernel-2.6.32 patch to 2.6.33
I pushed these changes back to Bug #300047 after I found the fix was a limitation with the "kernel_is" function within the ebuild. "kernel_is" doesn't use the "> < =" symbols and only uses "ge, le, ...". "kernel_is" is undocumented, and seems the docs state a lot more about using ${KV} for checking kernel versions!