True, however there are lots of 'Briefwähler' (absentee voters) in Berlin who voted weeks ago and the Piratenpartei just got a lot of traction in the last few weeks. Additionally there's a rather weird 5% clause in Berlin that differs from the rest of Germany. Parties have to get 5% of all votes cast, not just 5% of the valid ones. (http://blog.zeit.de/zweitstimme/2011/09/16/aus-der-kategorie...)

However they will probably still be in Parliament, I'm not really sure if they will get as many seats as predicted right now.