Well there are maybe a few options you could do to get this noticed by
upstream:

1) Open a bug report at bugzilla.kernel.org regarding this issue.  Afterwards, 
we can then easily link this launchpad bug report to the upstream kernel 
bugzilla bug report you created.
2) You could attempt to contact the driver maintainer/mailing list to see if 
they would work on this issue.

Note that I'm going to close this report against linux-source-2.6.22 as
it does not meet the criteria for a stable release update.  However,
against the actively developed kernel it will remain open.  You can
learn more about the stable release update process at
https://wiki.ubuntu.com/StableReleaseUpdates .  Thanks!

** Changed in: linux (Ubuntu)
       Status: Incomplete => Won't Fix

** Changed in: linux (Ubuntu)
       Status: Won't Fix => Triaged

** Changed in: linux-source-2.6.22 (Ubuntu)
       Status: New => Won't Fix

** Changed in: linux (Ubuntu)
     Assignee: (unassigned) => Ubuntu Kernel Team (ubuntu-kernel-team)

-- 
Wake on LAN (WOL) not working with r8169 driver on Gutsy
https://bugs.launchpad.net/bugs/160413
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