More than likely you have a bad solder joint on the pcb itself. On the LED factory spoiler, the LED assembly is all one unit. Someone also had the problem; they took it apart, discovered a bad solder joint, repaired it, and made a post about it. Heck if I can find that post anymore; thought I had it bookmarked. The person removed it from the spoiler, cut or melted the adhesive holding the lens onto to the assembly, and then found/resoldered a bad solder joint at one of wires attached to the pcb. I think I read about another situation similar where one of the LEDs had a bad solder joint too. It's a lot of work anyways; the assembly is glued together, etc, etc, etc. Easier to just go buy another one unless you have the right mind to fix it yourself.
Here's a link that talks about it a little:
high mount stop light in spoiler
You have to read the whole thread because they talk about the two different 3rd brake lights.
Edit: As I recall, several people have mentioned having the same problem with the LED 3rd brake light. It seems to a common issue with the factory spoiler LED 3rd brake light.