Case 1:20-cv-01673-UNA Document 1 Filed 12/09/20 Page 1 of 31 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`
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`Quartz Auto Technologies LLC,
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`Plaintiff,
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`v.
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`Postmates Inc.,
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`Defendant.
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`Civil Action No.
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`
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`JURY TRIAL DEMANDED
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Quartz Auto Technologies LLC (“Quartz Auto” or “Plaintiff”) complains against
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`Defendant Postmates Inc. (“Postmates” or “Defendant”) as follows:
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`NATURE OF ACTION
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`1.
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`This is an action for patent infringement of United States Patent Nos. 6,446,004
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`(the “’004 Patent”), U.S. Patent No. 7,370,085 (the “’085 Patent”), and 7,958,215 (the “’215
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`Patent”) (collectively, the “Asserted Patents”) under the Patent Laws of the United States, 35
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`U.S.C. § 1, et seq.
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`
`
`THE PARTIES
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`2.
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`Plaintiff Quartz Auto is a Delaware limited liability company with its principal
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`place of business located at 301 S. Fremont Ave., Baltimore, Maryland 21230.
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`3.
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`On information and belief, Defendant Postmates is a Delaware corporation with its
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`principal place of business located at 201 3rd Street, Suite 200, San Francisco, California 94103.
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`Defendant is registered to conduct business in Delaware, and may be served through its registered
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`agent, The Corporation Trust Company, Corporation Trust Center 1209 Orange St., Wilmington,
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`DE 19801. On information and belief, as of December 1, 2020, Defendant became a wholly-owned
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`subsidiary of Uber Technologies, Inc.
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`

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`Case 1:20-cv-01673-UNA Document 1 Filed 12/09/20 Page 2 of 31 PageID #: 2
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`JURISDICTION AND VENUE
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`4.
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`This action arises under the Patent Laws of the United States, Title 35 of the United
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`States Code. This Court has subject matter jurisdiction over this action pursuant to
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`28 U.S.C. §§ 1331 and 1338(a).
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`5.
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`Defendant is subject to this Court’s specific and general personal jurisdiction
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`because it is a citizen of Delaware at least because it is organized under the laws of Delaware.
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`6.
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`Venue is proper in this Court under 28 U.S.C. § 1391(b), 28 U.S.C. § 1391(c),
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`and 28 U.S.C. § 1400(b) because Defendant is subject to personal jurisdiction in this District,
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`resides in this District, has regularly conducted business in this District, and/or has committed acts
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`of patent infringement in this District, as more specifically alleged below in paragraphs 7-9.
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`7.
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`Venue is proper as to the ’004 Patent at least because Defendant resides in this
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`District. In addition, as alleged in further detail herein, Defendant, in conjunction with its employee
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`drivers, has committed acts of direct infringement of the ’004 Patent in this District at least by
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`practicing steps of the claimed methods in this District. To the extent that the drivers are not
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`employees of Defendant, the drivers’ acts in this District are nevertheless attributable to Defendant
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`under principles of joint infringement.
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`8.
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`Venue is proper as to the ’085 Patent at least because Defendant resides in this
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`District. In addition, as alleged in further detail herein, Defendant, in conjunction with its employee
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`drivers, has committed acts of direct infringement of the ’085 Patent in this District at least by
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`practicing steps of the claimed methods in this District. To the extent that the drivers are not
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`employees of Defendant, the drivers’ acts in this District are nevertheless attributable to Defendant
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`under principles of joint infringement.
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`2
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`9.
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`Venue is proper as to the ’215 Patent at least because Defendant resides in this
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`District.
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`THE ASSERTED PATENTS
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`10.
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`On September 3, 2002, the ’004 Patent, entitled “System and Method for
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`Implementing Proximity or Location Driven Activities” was duly and legally issued by the United
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`States Patent and Trademark Office (“USPTO”) to Kevin Trung Cao, Daniel Alexander Ford, and
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`Reiner Kraft, with the International Business Machines Corporation (“IBM”) as assignee. A copy
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`of the ʼ004 Patent is attached hereto as Exhibit A.
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`11.
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`The ʼ004 Patent discloses and claims a system and associated method for
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`implementing a proximity driven activity. In one embodiment, the system and an associated
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`method of the ʼ004 Patent allow requests to be executed at some point in the future without
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`specifying the exact time or necessarily a precise location. The execution time of the request is
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`linked to the arrival of a person at, or near a geographic location or destination. When a person
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`arrives at that location or comes within a proximity threshold distance of that location, the
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`request
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`to
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`interact will be executed. The proximity threshold can be adjustable and
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`programmable. A mobile computing device may be, for example, a personal computer or
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`smartphone, and preferably possesses a wireless means of communication.
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`12.
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`On May 6, 2008, the ’085 Patent, entitled “Method, System, and Program for
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`Providing User Location Information with a Personal Information Management Program” was
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`duly and legally issued by the USPTO to Michael Wayne Brown, Rabindranath Dutta, and Michael
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`A. Paolini, with IBM as assignee. A copy of the ʼ085 Patent is attached hereto as Exhibit B.
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`13.
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`The ʼ085 Patent discloses and claims a method for providing user location
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`information for a personal information management (PIM) program by generating position
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`3
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`coordinates of a wireless device with related time information. Additionally, the ʼ085 Patent claims
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`another method for generating a calendar for a PIM program by receiving a time interval and
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`determining position coordinates of a wireless device in order to display a user’s activity with the
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`corresponding time. In one embodiment, the ʼ085 Patent determines whether a rate of change in
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`distance per unit of time in a series of position coordinates at designated times indicates a user’s
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`activity during the activity time period, and then generates information on the predefined activity.
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`A PIM client gathers and presents PIM information, such as calendaring and scheduling
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`information, in accordance with the described implementations. A PIM refers to a program
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`designed to allow users to organize random bits of information in a useful format.
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`14.
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`On June 7, 2011, the ’215 Patent, entitled “System Management Using Real Time
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`Collaboration” was duly and legally issued by the USPTO to David Gerard Herbeck and Susette
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`Marie Townsend, with IBM as assignee. A copy of the ʼ215 Patent is attached hereto as Exhibit C.
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`15.
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`The ʼ215 Patent discloses and claims a number of variations of computer-
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`implemented embodiments for responding to a problem condition or managing an information
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`technology device that receives an alert. In particular, the ʼ215 Patent discloses management
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`methods and systems using real-time collaboration and instant messaging technology to manage
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`alerts and assign responsibility.
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`16.
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`The ʼ004, ʼ085, and ʼ215 Patents are referred to hereinafter as the “Asserted
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`Patents.”
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`17.
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`Plaintiff Quartz Auto is the owner of the entire right, title, and interest in and to the
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`Asserted Patents, including the right to sue for and collect past, present, and future damages and
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`to seek and obtain injunctive or any other relief for infringement of the Asserted Patents. The
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`Asserted Patents were originally owned by and assigned to IBM, as assignee from the inventors
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`4
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`thereof. IBM transferred ownership of the Asserted Patents to Daedalus Group, LLC (“Daedalus”)
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`pursuant to a Patent Assignment Agreement entered into on September 30, 2019, and, through
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`Plaintiff’s immediate predecessor in interest, Slingshot IOT LLC, the Asserted Patents were
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`ultimately assigned to Quartz Auto on or about February 13, 2020 and February 14, 2020, and
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`recorded in the USPTO, with all right, title, and interest in and to the Asserted Patents to Quartz
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`Auto.
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`18.
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`Each of the Asserted Patents is presumed valid under 35 U.S.C. § 282.
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`DEFENDANT’S INFRINGING METHODS AND SYSTEMS
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`19.
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`Defendant has represented that it is a “pioneer of on-demand logistics” and that it
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`has “built a technology platform that enables consumers who use Postmates’ platform to order
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`food and goods from over 700,000 restaurants and other retailers for delivery or pick up.”
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`Defendant touts that its platform serves 80% of US households in all 50 states. Through its
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`technology platform, referred to herein as the “Postmates Platform,” Defendant offers, coordinates,
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`and controls, among other things, on-demand delivery services. On information and belief,
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`Defendant employs hundreds of thousands of drivers in connection with its on-demand delivery
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`services.
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`20.
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`On information and belief, Defendant uses servers in its network in combination
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`with the Postmates mobile applications to operate, direct, and control on-demand delivery services.
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`For the purposes of this complaint, the term “Postmates Platform” encompasses all such hardware,
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`applications, and functionalities and any related Postmates technologies that interface with the
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`Postmates server systems and mobile applications to provide on-demand delivery services. The
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`specific components of the Postmates Platform that provide the structure and/or functionality and/or
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`perform method steps recited in the asserted claims of the Asserted Patents are identified below.
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`5
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`21.
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`Plaintiff alleges that Postmates drivers are employees of Defendant for purposes of
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`the acts of infringement alleged herein, for at least the reasons that: (i) Defendant is a gig company
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`whose on-demand delivery business is that of delivering food or goods for compensation, and
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`drivers perform work that is central, not tangential, to the usual course of Defendant’s entire
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`delivery business, which would not be a viable business without its drivers; (ii) the performance
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`of that work is not free from the control and direction of Defendant; (iii) Defendant sets drivers’
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`qualification standards, solicits applications, conducts background checks on applicants, engages
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`certain applicants as drivers while rejecting others, and enters into standard form contracts with
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`drivers; (iv) drivers cannot build own their own delivery client base—they must take deliveries
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`provided by Defendant via its Fleet mobile app; (v) drivers cannot fix the delivery fees charged to
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`the customers and Defendant sets all delivery fees charged through the Postmates App;
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`(vi) Defendant provides each of its delivery drivers with a prepaid “Postmates Card” credit card
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`for use in paying for customer’s orders that have not yet been prepaid by the customer when
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`prompted by the Fleet mobile app; (vii) Defendant provides its delivery drivers with a “Postmates”
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`branded hot/cold tote delivery bag for delivering goods to customers upon singing up to join the
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`service; (viii) Defendant handles all payment processing; and (ix) Defendant approves delivery
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`driver applications and can cancel use of the platform by particular drivers and/or impose sanctions
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`on drivers such as suspension or deactivation of driver accounts, e.g., for late deliveries.
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`COUNT I
`(Infringement of the ʼ004 Patent)
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`
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`22.
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`Plaintiff Quartz Auto repeats and realleges the above paragraphs, which are
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`incorporated by reference as if fully restated herein.
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`23.
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`Plaintiff Quartz Auto is the owner of all rights, title, and interest in the ʼ004 Patent
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`and, at a minimum, of all substantial rights in the ’004 Patent, including the exclusive right to
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`6
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`enforce the patent and all rights to pursue damages, injunctive relief, and all other available
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`remedies for past, current, and future infringement thereof.
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`24.
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`Plaintiff Quartz Auto and its predecessors in interest have never licensed Defendant
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`under the ʼ004 Patent, nor has Plaintiff Quartz Auto otherwise authorized Defendant to practice any
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`part of the ʼ004 Patent claims.
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`25.
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`26.
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`The ʼ004 Patent is presumed valid under 35 U.S.C. § 282.
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`On information and belief, Defendant, alone and/or in conjunction with agents or
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`parties under its control, has directly infringed and continues to directly infringe claims 1-8 and 11
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`of the ’004 Patent pursuant to 35 U.S.C. § 271(a), either literally or under the doctrine of
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`equivalents, by using methods for coordinating, controlling, and providing on-demand delivery
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`services that are covered by one or more claims of the ʼ004 Patent without license or authority. The
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`factual basis of Plaintiff’s allegations of infringement of the ʼ004 Patent is summarized below.
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`27.
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`Claim 1 of the asserted claims recites:
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`1. A method of implementing a proximity driven activity, comprising:
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`specifying an activity to be executed at an indeterminate destination location;
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`storing an executable software code corresponding to the activity;
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`determining a current location of a mobile computing device;
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`determining whether the destination location is within a predefined proximity range
`from the current location of the mobile computing device;
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`executing the executable software code at a time when the destination location is
`within the proximity range of the mobile computing device; and
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`transmitting an address of the destination location to the mobile computing device.
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`28.
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`On information and belief, the Postmates Platform, using the specific components
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`identified on a limitation-by-limitation basis below, performs a method of implementing a
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`7
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`proximity driven activity, which includes methods for arranging and scheduling on-demand
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`delivery services. Specifically, and as alleged in the following paragraphs, Postmates’ servers and
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`its Fleet app running on its drivers’ mobile devices perform the steps of this method claim. Quartz
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`alleges that the drivers are Postmates employees such that Postmates itself performs all of the claim
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`steps as a direct infringer. If Postmates’ drivers are instead Postmates’ independent contractors or
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`agents, Postmates directly infringes this claim as a joint infringer with its drivers, each of which
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`act under Postmates’ direction and control, as alleged further herein.
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`29.
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`On information and belief, the Fleet app specifies an activity to be executed at an
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`indeterminate destination location. Specifically, the Fleet app enables a driver to enter user input
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`to “go online,” which specifies that the driver is available to fulfill pick-up activities (the activity
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`to be executed) associated with delivery requests. The activity is to be executed at a destination
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`location—the merchant at which the driver will pick up the delivery. The destination location is
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`indeterminate to the driver since the driver does not know the location of the merchant s/he will
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`be paired with when specifying the activity.
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`30.
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`On information and belief, one or more servers of the Postmates Platform stores an
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`executable software code corresponding to the activity. The Postmates Platform uses algorithms
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`to match drivers with delivery requests and coordinate the pick-up and drop-off of such deliveries.
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`On information and belief, the algorithms use, and the servers thus necessarily store, executable
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`software code that corresponding to the activity of fulfilling delivery requests.
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`31.
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`On information and belief, the Fleet app periodically determines a current location
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`of a mobile computing device of the driver. Whenever the Fleet app is in use in the foreground or
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`background, the Fleet app collects location information and other motion-generated or orientation-
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`generated mobile sensor data from the driver’s mobile computing device.
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`8
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`32.
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`On information and belief, one or more servers of the Postmates Platform
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`determines whether the destination location (the merchant at which the driver will pick up the
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`delivery) is within a predefined proximity range from the current location of a driver’s mobile
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`computing device as part of its matching process. In particular, the matching process generally
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`matches a driver (at a current location) with a delivery pick-up location (destination location) that
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`is close by (within a predetermined proximity range) based upon efficiency and reliability
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`parameters for a potential match.
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`33.
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`On information and belief, one or more servers of the Postmates Platform executes
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`the executable software code at a time when the destination location is within the proximity range
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`of the mobile computing device. The one or more servers use algorithms to match drivers with
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`delivery requests and coordinate the pick-up and drop-off of such deliveries. On information and
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`belief, the algorithms use, and the server(s) in turn thus necessarily execute, the executable
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`software code as part of the matching process.
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`34.
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`A match will only be made during a time that the pick-up location of the available
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`delivery (the destination location) is within a proximity range of the driver’s mobile computing
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`device (which is running the Fleet app). Upon matching a driver with a delivery request, a server
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`of the Postmates Platform transmits an offer to the Fleet app running on a driver’s mobile
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`computing device. The executable code holds the offer open for a period of time during which the
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`driver can accept the delivery.
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`35.
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` On information and belief, a server of the Postmates Platform transmits a
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`notification that contains the address of the destination location to the mobile computing device of
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`the driver once the driver accepts the delivery request with which s/he has been matched.
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`9
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`36. With respect to dependent claims 2-4, on information and belief, the Fleet app
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`running on the driver’s mobile computing device periodically transmits the current location of the
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`mobile computing device over a network to a Postmates server (an event proximity server). This
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`necessarily occurs, at least in part, over the Internet.
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`37. With respect to dependent claims 5 and 6, on information and belief, software code
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`is downloaded from a server of the Postmates Platform to the driver’s mobile computing device
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`and then executed on the mobile computing device to enable functionality required to provide the
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`location information used to match a driver’s mobile computing device to a delivery request and
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`to execute messaging associated with the driver’s acceptance of the delivery request and the receipt
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`of the transmitted destination address at the driver’s mobile computing device.
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`38. With respect to dependent claim 7, as alleged above, the accused method involves
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`a server of the Postmates Platform executing the executable software code as part of the process
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`of matching a driver (and his/her mobile computing device) with a pick-up destination location
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`and providing location and address information to direct the driver to the pick-up destination
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`location.
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`39. With respect to dependent claim 8, on information and belief, the accused method
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`further embodies anti-hysteresis software code running on a server of the Postmates Platform to
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`prevent duplication of the activity, as demonstrated, for example, by the fact that multiple drivers
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`do not get matched with the same delivery request.
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`40. With respect to dependent claim 11, whenever the Fleet app is in use in the
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`foreground or background, the Fleet app collects location information and other motion-generated
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`or orientation-generated mobile sensor data from the driver’s mobile computing device. On
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`10
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`information and belief, the Fleet app periodically determines a current location of a mobile
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`computing device of the driver in latitude/longitude coordinates generated using GPS.
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`41.
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`Plaintiff alleges that Defendant has been and is engaged in direct infringing
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`activities because all steps of the claimed methods are performed by Defendant as a single entity.
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`In particular, Plaintiff alleges that the steps of the accused on-demand delivery methods performed
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`by the Fleet app running on the mobile computing devices of Postmates drivers are attributable to
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`the drivers, and that such drivers are Postmates employees, such that their actions constitute acts
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`performed by Defendant. The steps of the asserted claims performed by the server-side software
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`and/or network of the Postmates Platform are also performed Defendant as the entity that owns or
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`controls and operates such servers and network. On information and belief, Plaintiff further alleges
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`that other Postmates employees, such as product development and testing engineers or driver
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`support personnel, have and continue to use the accused methods for development, testing, and/or
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`demonstration purposes.
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`42.
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`Plaintiff pleads in the alternative that, to the extent that Postmates drivers are
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`independent contractors or agents rather than employees, Defendant is responsible as a direct
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`infringer because Defendant has and continues to perform the server-side steps and Defendant has
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`and continues to direct and control the steps performed on the driver’s mobile device such that
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`those steps are also attributable to Defendant under principles of joint infringement. Defendant is
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`liable as a direct infringer of the asserted method claims by at least one or more of: (i) acting
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`through drivers who are agents of Defendant with respect to the on-demand delivery services
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`provided; (ii) contracting with its drivers to perform on-demand delivery services that require
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`performance of one or more steps of the claimed methods; and (iii) conditioning the drivers’
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`11
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`participation in Defendant’s services and receipt of payment upon the performance of one or more
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`steps of the claimed methods and establishing the manner or timing of that performance.
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`43.
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`Defendant has and continues to practice infringing methods by at least providing,
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`operating, and controlling the accused methods via the Postmates Platform computer systems and
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`software developed, owned, and provided by Defendant, which Defendant designed to perform the
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`methods covered by the asserted patent claims. Defendant directs and controls the method steps
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`performed by drivers by (i) prescreening and authorizing select individuals to serve as drivers in
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`its on-demand delivery network on behalf of Defendant; (ii) supplying the Fleet app for accessing
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`and controlling the Postmates Platform, which must be used by drivers to initiate and control the
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`Postmates Platform throughout the entire lifecycle of each delivery; (iii) dictating, via software
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`supplied to the driver’s mobile device and instructions to the drivers, the manner in which the Fleet
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`app operates and must be used such that when the accused method is initiated on a driver’s mobile
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`device each step of the asserted method claims is performed in a manner dictated by the accused
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`Postmates Platform; (iv) dictating the terms and conditions upon which drivers are paid for their
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`delivery services and retaining the ability to terminate a driver’s access to and use of the Postmates
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`Platform if not used in accordance with Defendant’s required terms; (v) advertising the Postmates
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`Platform and its on-demand services and providing instructions and directions to drivers regarding
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`the use of the accused Fleet app; and (vi) updating and providing ongoing support and maintenance
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`for the accused Postmates Platform and its methodologies.
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`44.
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`Defendant conditions its drivers’ use of its on-demand delivery network upon the
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`performance of the steps performed by the Fleet app, and Defendant establishes the manner or
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`timing of its drivers’ performance. Defendant requires its drivers to contractually agree to terms
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`and conditions that provide the drivers a limited license to use the Fleet app only in conjunction
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`12
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`with Defendant’s on-demand delivery network. Drivers must download the Fleet app to their
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`mobile devices and utilize the Fleet app, including performing the specific claim steps executed
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`by the Fleet app identified above, in order to participate in Defendant’s on-demand delivery
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`network and services. Defendant provides step-by-step instructions and support to its drivers
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`telling them how to utilize the Fleet app if the driver wants to perform deliveries in Defendant’s
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`network. Those instructions, and the integrated sequence of events that must be performed for a
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`driver to invoke use of the Postmates Platform and be matched with delivery requests and directed
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`to the delivery’s pick-up and drop-off locations, establish the manner or timing of the drivers’
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`performance of the claimed method steps. If drivers do not follow these precise steps, Defendant’s
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`services of matching drivers to deliveries and coordinating the pick-up and drop-off of deliveries
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`are not available.
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`45.
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`Defendant benefits by providing the Postmates Platform to attract and retain
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`merchants and drivers to increase its revenue and valuation. Drivers also receive a benefit of
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`receiving payment from Defendant from using the Fleet app and picking up deliveries and
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`dropping off those deliveries at their destinations.
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`46.
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`As a result of Defendant’s infringement of at least claims 1-8 and 11, Plaintiff
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`Quartz Auto has suffered monetary damages in an amount yet to be determined and will continue
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`to suffer damages in the future. Defendant is liable to Plaintiff in an amount that adequately
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`compensates for such infringements, which, by law, cannot be less than a reasonable royalty,
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`together with interest and costs as fixed by this Court under 35 U.S.C. § 284.
`
`47.
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`Defendant’s wrongful acts have damaged and will continue to damage Plaintiff
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`Quartz Auto irreparably, and Plaintiff has no adequate remedy at law for those wrongs and injuries.
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`In addition to its actual damages, Plaintiff Quartz Auto is entitled to a permanent injunction
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`13
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`restraining and enjoining Defendant and its agents, servants, and employees, and all persons acting
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`thereunder, in concert with, or on its behalf, from infringing at least claims 1-8 and 11 of the ʼ004
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`Patent without additional compensation to Plaintiff in an amount to be determined by the Court.
`
`COUNT II
`(Infringement of the ʼ085 Patent)
`
`48.
`
`Plaintiff Quartz Auto repeats and realleges the above paragraphs, which are
`
`incorporated by reference as if fully restated herein.
`
`49.
`
`Plaintiff Quartz Auto is the owner of all rights, title, and interest in the ’085 Patent
`
`and, at a minimum, of all substantial rights in the ’085 Patent, including the exclusive right to
`
`enforce the patent and all rights to pursue damages, injunctive relief, and all other available
`
`remedies for past, current, and future infringement thereof.
`
`50.
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`Plaintiff Quartz Auto and its predecessors in interest have never licensed Defendant
`
`under the ʼ085 Patent, nor has Plaintiff Quartz Auto otherwise authorized Defendant to practice
`
`any part of the ʼ085 Patent claims.
`
`51.
`
`52.
`
`The ʼ085 Patent is presumed valid under 35 U.S.C. § 282.
`
`On information and belief, Defendant, alone and/or in conjunction with agents or
`
`parties under its control, has directly infringed and continues to directly infringe claims 1, 2, 8-11,
`
`15, 16, and 19 of the ’085 Patent pursuant to 35 U.S.C. § 271(a), either literally or under the
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`doctrine of equivalents, by using methods for coordinating, controlling, and providing on-demand
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`delivery services that are covered by one or more claims of the ’085 Patent without license or
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`authority. The factual basis of Plaintiff’s allegations of infringement of the ’085 Patent is
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`summarized below.
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`53.
`
`Claim 1 of the asserted claims recites:
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`14
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`Case 1:20-cv-01673-UNA Document 1 Filed 12/09/20 Page 15 of 31 PageID #: 15
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`1. A method for providing user location information for a personal information
`management program, comprising:
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`generating position coordinates of a wireless device and time information
`indicating times when the position coordinates were generated, wherein a user is
`associated with the wireless device;
`
`processing the position coordinates and time information to determine whether a
`rate of change in distance per unit of time in a series of position coordinates at
`times indicates a predefined activity of the user occurring during an activity time
`period during which the position coordinates and the time information were
`generated; and
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`generating information on the determined predefined activity for the activity time
`period.
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`
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`54.
`
`On information and belief, the Postmates Platform, using the specific components
`
`identified on a limitation-by-limitation basis below, performs a method for providing user location
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`information for a personal information management (PIM) program. Specifically, and as alleged
`
`in the following paragraphs, Postmates’ servers, and its Fleet app running on its drivers’ mobile
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`devices, perform the steps of this method claim. Quartz alleges that the drivers are Postmates
`
`employees such that Postmates itself performs all of the claim steps as a direct infringer. If
`
`Postmates’ drivers are instead Postmates’ independent contractors or agents, Postmates directly
`
`infringes this claim as a joint infringer with its drivers, each of which act under Postmates’
`
`direction and control, as alleged further herein.
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`55.
`
`On information and belief, the Fleet app running on a driver’s mobile wireless
`
`device generates position coordinates of such wireless device and time information indicating times
`
`when the position coordinates were generated, wherein a user is associated with the wireless
`
`device. Whenever the Fleet app is in use in the foreground or background, the Fleet app collects
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`location information and other motion-generated or orientation-generated mobile sensor data from
`
`the driver’s mobile computing device. This information includes GPS-generated latitude and
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`15
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`

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`Case 1:20-cv-01673-UNA Document 1 Filed 12/09/20 Page 16 of 31 PageID #: 16
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`longitude location and timestamps (time information) indicating times when the coordinates were
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`generated.
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`56.
`
`On information and belief, a server of the Postmates platform processes the position
`
`coordinates and time information provided by the Fleet app to determine whether a rate of change
`
`in distance per unit of time in a series of position coordinates at times indicates a predefined
`
`activity of the driver, such as driving to a pick-up location (pick-up leg), picking up a delivery
`
`(pick-up waypoint), driving to the drop-off location (drop-off leg), and/or dropping off the delivery
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`(drop-off waypoint), occurring during an activity time period during which the position
`
`coordinates and the time information were generated.
`
`57.
`
`On information and belief, one or more servers of the Postmates Platform generates
`
`information on the determined predefined activity for the activity time period. The generated
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`information may include efficiency and reliability parameters such as the location and the number
`
`of minutes that a driver spent waiting at a merchant’s location for the delivery (pick-up waypoint
`
`minutes).
`
`58. With respect to dependent claim 2, on information and belief, the Fleet app in
`
`coordination with the user’s mobile computing device periodically generates position coordinates
`
`and associated time information and transmits the information over a network to a server of the
`
`Postmates Platform. The server receives and stores the information in a database and processes the
`
`information to determine the predefined activity during the activity time period and locations and
`
`associated time periods where the driver was p