`
`No. 22-3030
`
`In the United States Court of Appeals
`FOR THE THIRD CIRCUIT
`
`LOGIC TECHNOLOGY DEVELOPMENT LLC
`PETITIONER,
`v.
`U.S. FOOD AND DRUG ADMINISTRATION,
`RESPONDENT.
`
`On Petition For Review Of An Order
`Of The U.S. Food And Drug Administration
`
`ADDENDUM TO THE OPENING BRIEF OF PETITIONER
`LOGIC TECHNOLOGY DEVELOPMENT LLC
`
`
`
`
`
`
`
`
`
`MISHA TSEYTLIN
`Counsel of Record
`KEVIN M. LEROY
`SEAN T.H. DUTTON
`TROUTMAN PEPPER
`HAMILTON SANDERS LLP
`227 W. Monroe Street
`Suite 3900
`Chicago, IL 60606
`(608) 999-1240
`(312) 759-1939 (fax)
`misha.tseytlin@troutman.com
`
`Attorneys for Petitioner
`
`BRYAN M. HAYNES
`TROUTMAN PEPPER
`HAMILTON SANDERS LLP
`1001 Haxall Point
`15th Floor
`Richmond, VA 23219
`(804) 697-1420
`bryan.haynes@troutman.com
`
`
`
`KAITLIN L. O’DONNELL
`TROUTMAN PEPPER
`HAMILTON SANDERS LLP
`3000 Two Logan Square
`Eighteenth and Arch Streets
`Philadelphia, PA 19103
`(215) 981-4356
`kaitlin.o’donnell@troutman.com
`
`
`
`
`
`
`
`Case: 22-3030 Document: 50 Page: 2 Date Filed: 01/10/2023
`
`
`
`LAR 28.1 STATEMENT OF RELATED CASES
`
`This case has not previously been before this Court. Petitioner
`
`currently has pending before this Court a separate petition for review
`
`arising out of a marketing denial order from the U.S. Food and Drug
`
`Administration in response to premarket tobacco applications for
`
`Petitioner’s non-menthol and non-tobacco-flavored electronic nicotine
`
`delivery systems. See Logic Tech. Dev. LLC v. FDA, No. 22-1750 (3d Cir.
`
`Apr. 22, 2022). That case is currently stayed and involves issues distinct
`
`from those implicated in this petition for review, as it does not deal with
`
`Petitioner’s menthol-flavored electronic nicotine delivery systems.
`
`Petitioner has pending before FDA a request for supervisory review of
`
`that separate marketing denial order. See Status Report, Logic Tech.
`
`Dev. LLC v. FDA, No. 22-1750 (3d Cir. Nov. 18, 2022).
`
`Petitioner further acknowledges that this Court previously
`
`considered a challenge to FDA’s denial of marketing authorization for
`
`non-menthol and non-tobacco-flavored electronic nicotine delivery
`
`systems in Liquid Labs LLC v. FDA, 52 F.4th 533 (3d Cir. 2022).
`
`
`
`
`
`Case: 22-3030 Document: 50 Page: 3 Date Filed: 01/10/2023
`
`
`Petitioner is not aware of any other completed, pending, or contemplated
`
`case or proceeding before any court related to this case.
`
`
`
`-2-
`
`
`
`Case: 22-3030 Document: 50 Page: 4 Date Filed: 01/10/2023
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that, on January 10, 2023, a true and correct copy
`
`of this Addendum to the Opening Brief of Petitioner Logic Technology
`
`Development LLC was served on all counsel of record through the Court’s
`
`CM/ECF system.
`
`
`
`Dated: January 10, 2023
`
`/s/ Misha Tseytlin
`MISHA TSEYTLIN
`
`
`
`
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