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Court Rules Against Biomet

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Biomet Inc. has stopped making and marketing an artificial hip socket that's at the center of a federal lawsuit the company lost.

A federal appeals court has denied Biomet's motion to stay an injunction that bars the Warsaw-based orthopedic manufacturer from producing and selling the Mallory/Head acetubular cup, the company said Tuesday.

Biomet is appealing a $33.8 million damage award by a southern Florida jury for allegedly stealing the patented design for the hip socket from Dr. Raymond Tronzo. It asked that the injunction be stayed while the appeal is pending. Biomet expects the appeal to be decided in early 1998.

Biomet maintains another doctor designed the cup and said it began selling the cup in 1985, three years before Tronzo's patent.

Biomet said the Mallory/Head acetubular cup accounts for less than 1 percent of its annual sales, which were $535.2 million during the year ending last May 31.