I'm using Win 7.

Specifically, when I run Diablo III - maximized and the cursor is at the top of the screen, I can activate menu items when clicking near the top of the screen while playing and seeing only the game.

I have the menu set to auto-hide at the top of the screen.  When the application activation occurs, I never catch a glimpse of the menu, but the programs launch and interrupt game-play.

PS - Is this the venue for bug-reports ?   The responses here seem dismissive, rather than investigatory.