It depends on the model Hyper you purchase -
Standard 08 & 09 Hypers have the same 50mm Marzocchi
the Hyper 'S' 08 has 50mm Marzocchi with DLC where as the 09 'S' has 48mm Kayaba with DLC.
I have a 08 Hyper 'S' and have Marzocchi, interested in comments for the 09 'S' Kayabas??