SUR PETITION FOR PANEL REHEARING
HARDIMAN, Circuit Judge.
The judges who participated in the decision of this Court having considered the petition for rehearing filed by Philips Lighting North America Corporation in the above-entitled case, panel rehearing is hereby GRANTED for the reasons stated. The precedential opinion and judgment filed on April 23, 2009 are hereby VACATED and the attached opinion is filed forthwith.
OPINION OF THE COURT
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