ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S COUNTERCLAIMS (ECF #178)

MATTHEW F. LEITMAN, District Judge.

On October 7, 2016, Plaintiff Ford Motor Company ("Ford") filed an answer to Defendants' First Amended Counterclaims. (See ECF #166.) With its answer, Ford included ten counterclaims that it had not previously asserted ("Ford's Counterclaims"). (See id.) Versata has now moved to strike or dismiss Ford's Counterclaims (the "Motion to Dismiss"). (See ECF #178.)

The Court held a hearing on the Motion to Dismiss on January 6, 2016. For the reasons stated on the record at the hearing, IT IS HEREBY ORDERED as follows:

(1) With respect to counts 1-9 of Ford's Counterclaims, which relate to claims of patent invalidity and breach of contract, the Court exercises its discretion to treat these counts as a motion for leave to amend Ford's Amended Complaint (ECF #6) under Federal Rule of Civil Procedure 15(a)(2). The Court GRANTS that motion. Ford shall file a Second Amended Complaint that includes these counts by no later than January 20, 2017.

(2) With respect to count 10 of Ford's Counterclaims, which relates to alleged inequitable conduct, the Motion to Dismiss is GRANTED. However, when Ford files its forthcoming Second Amended Complaint, it may attempt to replead its inequitable conduct claim by pleading additional specific facts that address the Court's concerns raised at the hearing. If Defendants believe that Ford's re-pleaded count for inequitable conduct still fails to state a claim, they may move to dismiss the claim.

(3) In all other respects, the Motion to Dismiss is DENIED.

IT IS SO ORDERED.