The Rule 9: Does not count.
Last my countender when he won: 7 companion in fellowship, 3 companion in dead pile = 10.
Rulebook:
The Rule of 9
You cannot have more than nine total companions in play and in your dead pile at any time. (Each copy of a companion in play or in your dead pile counts as a separate companion, whether it is unique or non-unique.)
If you have •Merry (a unique companion) and two copies of
Dwarf Guard (a non-unique companion) in your dead pile, you cannot have more than 6 companions in your fellowship.