AtGames Holdings v. RADICA GAMES LTD., a BERMUDA

ORDER GRANTING PLAINTIFF’S MOTION TO REMAND

This matter is before the Court on the plaintiffs motion to remand. After reading the papers submitted by the parties, and considering the arguments therein, the Court grants the plaintiffs motion and adopts the following order.

I. Background

The plaintiff, AtGames Holdings Ltd. (“AtGames”), is a Bermuda company engaged in developing, manufacturing and distributing electronic games, entertainment systems, and devices throughout the world. The defendant, Radica Games Ltd. and Radica (Macao Commercial Offshore) Ltd. (collectively “Radica”) is a company also engaged in the electronic games market. AtGames alleges that Radica intentionally interfered with their contract with Sega Corporation (“Sega”), and unfairly competed with them in the electronic games market. (Compl.7-9).

On January 4, 2005, AtGames allegedly entered into an exclusive distribution agreement (the “Sega-AtGames Agreement”) with Sega that granted AtGames the “sole and exclusive right and license” (the “OEM License”) to distribute and sell Sega old title games and Sega games for the Sega platforms. (Id. at 3). On January 5, 2005, AtGames and Sega allegedly gave a joint…