The Supreme Court of the United States vacated the judgment of this court, 317 F.3d 1312, and remanded “for further consideration in light of Bates v. Dow Agrosci-ences LLC, — U.S.-, 125 S.Ct. 1788, 161 L.Ed.2d 687.” — U.S. -, 125 S.Ct. 1968, 161 L.Ed.2d 845 (2005). Pursuant to this order, we remand this case to the district court for further consideration in light of Bates.