The Winklevoss twins aren't giving up

Cameron and Tyler Winklevoss aren’t taking their Facebook claims to the Supreme Court, but that doesn’t mean the twins have given up. On Thursday, one day after declaring that they wouldn’t ask the high court to overturn a decision by U.S. Court of Appeals for the Ninth Circuit refusing to undo their $65 million settlement with Facebook, the twins told a judge they’d seek discovery on whether Facebook hid evidence from them, possibly breathing new life into their epic court battle with CEO Mark Zuckerberg.

The Winklevosses, with new counsel from Berkeley-based Meade & Schrag, filed a status report Thursday in their long-dormant Boston federal district court trade secrets case against Facebook and its founder. Despite their decision not to appeal the Ninth Circuit’s decision, Meade & Schrag’s Tyler Meade wrote in the filing, the twins will ask for discovery under Rule 60 of the federal rules of civil procedure on whether Facebook suppressed instant messages in which a young Zuckerberg brags to a friend about duping the Winklevosses. Depending on the results of that inquiry, they may ask Judge Douglas Woodlock to reopen the case.