Winklevoss Twins Take Facebook Case to the Supreme CourtIn December 2010 though, the Ninth Circuit Court of Appeals ruled that the settlement would stand. "For whatever reason, they [the Winklevosses] now want to back out. Like the district court, we see no basis for allowing them to do so,” Chief Justice Alex Kozinski wrote at the time. “At some point, litigation must come to an end. That point has now been reached.”
Apparently the Winklevoss twins don't agree. On Monday, their law firm released a statement announcing that they would appeal the Ninth Circuit's ruling. "The law firm of Howard Rice announced that its clients, Cameron and Tyler Winklevoss and Divya Narendra, intend to file a Petition for Certiorari with the United States Supreme Court in the ongoing dispute with Facebook and Mark Zuckerberg," law firm Howard Rice announced.
Howard Rice contends that the Winklevii were defrauded by Facebook and Zuckerberg and that Facebook committed securities fraud during the mediation that resulted in the 2008 settlement. Neither the district court nor the Ninth Circuit have sympathized with the twins, making it unlikely that the Supreme Court will even hear the case. The Supreme Court takes less than five percent of cases and generally only takes cases where constitutional issues are at stake.