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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND ULYSSIX TECHNOLOGIES, INC., Plaintiff, v. ORBITAL NETWORK ENGINEERING, INC., et al., Defendants. MEMORANDUM OPINION Ulyssix Technologies, Inc. ("Ulyssix") filed suit against Orbital Network Engineering, Inc. ("ONE") and Wyle Laboratories, Inc. ("Wyle"), to recover damages stemming, inter alia, from the alleged breach of a license agreement. After ONE filed an "Answer and Counter Claims,"1 Ulyssix filed a "Motion To Dismiss ONE's Counterclaim And To Strike Its Affirmative Defenses" ("Motion," ECF 36), which ONE opposes. The issues have been fully briefed and the Court now rules pursuant to Local Rule 105.6, no hearing being necessary. For the reasons that follow, I will: 1) grant Ulyssix's motion to strike affirmative defenses 1-8, without prejudice; 2) deny Ulyssix's motion with respect to affirmative defenses 916; 3) grant Ulyssix's motion to dismiss as to Count V of the Counterclaim, without prejudice; 4) deny Ulyssix's motion to dismiss the remaining counts of the Counterclaim; and 5) grant ONE twenty days to amend its answer and counterclaim. FACTUAL BACKGROUND2 Civil Action No.: ELH-10-02091

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Wyle answered, but its answer is not at issue here.

Given the posture of this case, the Court must "accept the well-pled allegations of the [counter] complaint as true," and "construe facts and reasonable inferences derived therefrom in the light most favorable to the [counter-]plaintiff." Ibarra v. United States, 120 F.3d 472, 474 (4th Cir. 1997); see Boss v. E.I. DuPont de Nemours & Co., 324 F.3d 761, 764 (4th Cir. 2003).

Ulyssix is a corporation organized under Maryland law, with its principal place of business in Frederick, Maryland. Compl.

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Maryland Law