Flash carts are used to run homebrew and other legal features on the Nintendo DS and DSi handhelds, but also allow for the easy playback of pirated ROMs.
Just last month, Nintendo blamed piracy for a massive 50 percent drop in software sales in Europe.
The suit was filed against NXPGAME, which has continued selling the devices and ignored all cease-and-desist letters from Nintendo.
The owners behind NXPGAME previously shut down their site and stopped selling the R4, but then within weeks had set up an "identical business at a different website address," redirecting old traffic to the new site.
Besides "willfully infringing on the company's intellectual property rights," Nintendo also says the company's site violates copyrights by using trademarks without permission.
The R4 and similar devices were ruled illegal last year in a court decision which said the flash cart violates the DMCA.
Written by: Andre Yoskowitz @ 15 May 2010 4:05