The letter threatened that companies which purchased Neogen's new product would be infringing on Vicam's patents. Aflatoxin is a known carcinogen, and is subject to FDA regulations.
Companies using grains and nuts routinely test for the toxin as part of their food safety programs.
Neogen filed the lawsuit seeking a declaratory judgment of non-infringement and for money damages for defamation, product disparagement, and tortious interference with business. Thereafter, Vicam filed a counterclaim for infringement. As part of the settlement, Vicam and Radlo agreed to issue a joint letter with Neogen assuring customers that they are free to purchase and use Neogen's AC-5 aflatoxin detection test kit without concern that legal action will be taken against them by Vicam. Now, we will be able to fully pursue marketing our AC-5 product. Neogen Corporation develops and markets products and services dedicated to food and animal safety.