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DePuy Inc. filed charges June 5 against Zimmer, claiming Zimmer Holdings Inc. is using a hip system DePuy has patented. Zimmer has denied the accusation.
The dispute will be decided in U.S. District Court, Chicago, Ill.
Marc Monseau, a spokesman with Johnson & Johnson, parent company of DePuy, said the Zimmer hip system infringes on a patent held by DePuy.
Zimmer does not believe its hip prosthesis is the same. According to Brad Bishop, Zimmer, DePuy's claim is without merit and the Zimmer hip is a different design. He also said Zimmer will continue to market the ZMR hip system, which has been offered since 1999.
DePuy also asked the court to bar Zimmer from selling its prosthesis.
Stocks for both companies closed down Wednesday.
