Master Sgt. Jeffrey Sarver sued in March of 2010, days before the movie went on to win six Oscars.
The film's makers say Sarver's claims of similarity are contradicted by watching the movie.
Screenwriter Mark Boal wrote about Sarver in a story published in 2005 but says the army bomb disposal expert is not the basis for "The Hurt Locker."
Arguments in the case are scheduled to be heard March 7.