The most lambasted pair since Tweedledum and Tweedledee, Cameron and Tyler Winklevoss, have today been denied an appeal of the ruling against them last month, which stated they could not rehear their case against Facebook founder Mark Zuckerberg.
The twins had asked to have their appeal heard en banc, meaning in front of a panel of 11 judges. This type of appeal is very rare – the number heard in a year can usually be counted on your fingers. This style of hearing is also usually reserved for cases of notable significance – which the Winklevii clearly think their is, however the 9th Circuit Court of Appeals seems to disagree.
This means that the only options left – if they decide they still wish to pursue legal action – is to ask to have their case heard in the Supreme Court.
If you’re getting a bit lost in all the legal wranglings, the Winklevoss twins originally settled with Facebook and Zuckerberg for cash and stock worth $65 million (which has since swelled in value to over $100 million) over their original accusation that Zuckerberg stole their idea and turned it into Facebook. However the pair have since decided they wanted more, so asked a court to grant them a rehearing. Their request was denied, and today’s decision was the denial of an appeal of that decision. Still with me?
Facebook said simply in a statement “We’re pleased with the court’s decision.”
Hopefully this small ray of sunshine should cheer up at least some in the Facebook camp – the company is currently lying low following revelations of their involvement in a sordid smear campaign on Google last week. Since their outing as the source of anti-Google stories being planted in the press, Facebook have been unusually quiet – possibly realising they screwed up big time and planning a goodwill tour to make amends.
So, will the Winklevoss twins go all the way to the Supreme Court with their claim? We have to hope  their lawyer is telling them not to, but it certainly wouldn’t be out of character for the pair, who have chased Zuckerberg (and his money) for years. We can’t imagine a little thing like several Court of Appeals rulings standing in their way!
UPDATE: And wouldn’t you know it, the Winklevoss twins have announced they will, indeed, be taking their fight to the Supreme Court.
