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Hedge Fund Elliott Management Backs Patent Lawsuit Against Quibi

Reported by Forbes
May 3, 2020· 3 min read
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Key Takeaways
  • • Elliott Management, the activist hedge fund led by Paul E. Singer, is financing a patent infringement and trade secret theft lawsuit brought by Israeli interactive-video company Eko against newly launched streaming service Quibi in exchange for an equity stake in Eko.
  • • The lawsuit centers on Quibi's proprietary Turnstyle feature, which enables full-screen video to display horizontally or vertically based on device orientation; Eko claims two former Snap employees who accessed its subsidiary's technology while at Snap brought the innovation to Quibi.
  • • Quibi, founded by Hollywood mogul Jeffrey Katzenberg and led by CEO Meg Whitman, launched April 6, 2020, with $1.75 billion in funding and achieved 1.7 million downloads in its first week before facing the patent challenge.
  • • The dispute positions Elliott's combative founder against Katzenberg, a tenacious entertainment executive, mirroring Elliott's prior high-profile activist campaigns against Twitter and AT&T leadership.
  • • Quibi has denied Eko's claims, stating they lack merit, setting up a significant legal and financial contest during the early critical phase of the streaming service's operations amid pandemic-driven market conditions.
Summary
Elliott Management, one of the world's most prominent activist hedge funds, is financing a patent infringement lawsuit brought by Eko, an interactive-video company based in Israel, against Quibi, the newly launched short-form streaming service. According to reporting from the Wall Street Journal, Elliott agreed to fund Eko's suit in exchange for an equity stake in the company, according to sources familiar with the matter. The move represents an expansion of Elliott's typical shareholder activism into intellectual property litigation, leveraging the fund's capital and legal resources to challenge a well-funded competitor in the streaming space.

The core dispute involves Quibi's signature feature called Turnstyle, which allows full-screen video to display either horizontally or vertically depending on how the viewer holds their phone. Eko alleges that two Quibi employees, who previously worked at Snap and had access to Eko's subsidiary's technology during their tenure there, misappropriated the company's trade secrets and patents. Eko's claims encompass both patent infringement and theft of trade secrets. Quibi has categorically denied the allegations, with a company spokesperson stating that Eko's claims lack merit.

The conflict sets up a notable confrontation between two formidable business figures. On one side is Paul E. Singer, Elliott Management's billionaire founder, known for aggressive activist campaigns that have included public battles with Twitter, where Elliott previously called for the ouster of then-CEO Jack Dorsey (ultimately reaching a settlement earlier in 2020), and AT&T, which agreed to separate its CEO and chairman roles following Elliott's pressure. On the other side is Jeffrey Katzenberg, the Hollywood mogul and Quibi founder, alongside CEO Meg Whitman, both known for their tenacity in business and media.

Quibi launched on April 6, 2020, as a service designed to deliver brief entertainment content for mobile users on the go, with the timing coinciding with pandemic lockdowns. The service raised $1.75 billion and achieved 1.7 million downloads in its first week, indicating strong initial market reception. However, the patent lawsuit from Elliott-backed Eko introduces a significant legal and financial headwind during the critical early phase of Quibi's operations, potentially affecting the service's operational freedom and financial resources as it seeks to establish market position.

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Sources

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AlphaMaven summarised this story from the reporting below. Each link opens the original article.

Forbes Hedge Fund Elliott Management Backs Patent Lawsuit Against Quibi