A saving grace for Hathaway is when Kate turned him down for the second time he did walk away. There's a fine line between persistent and pushy and he didn't cross it.
Another thing you and I already discussed (I was busy at work, I didn't have time to actually comment! ;) )... but while I appreciate that he backed off in that moment, I don't think it was quite enough overall. Still feel like the show is playing him far too obviously caddish up-front, I would love it if the show played with our expectations a little bit. Part of what was so great about Martin Klar in Dollhouse was that he started off quite dreamy before his evil whack-job side was revealed.