Since you seem not to use the menu for anything:
You could disable the legacy menu button on ICS devices by setting the targetSDKVersion to 14 or higher. But do not forget to test your App on an ICS device. By setting the targetSDKVersion so high you tell ICS to disable certain legacy compatibility behaviour.
I've already played with that, but it had bad side effect on something (I can't remember what exactly that was). I am going back to that in next updates.
IIRC, building for 14 or above enables hardware acceleration for everything automatically: that can cause problems. Try disabling it manually in the manifest.
Since you seem not to use the menu for anything: You could disable the legacy menu button on ICS devices by setting the targetSDKVersion to 14 or higher. But do not forget to test your App on an ICS device. By setting the targetSDKVersion so high you tell ICS to disable certain legacy compatibility behaviour.
Partly documented here: http://developer.android.com/reference/android/os/Build.VERS...