Apple Apparently Reached Settlement over Search for Lost Prototype iPhone 4S

iphone 4s whiteWhile Apple's lost iPhone 4 that surfaced on Gizmodo back in 2010 made the biggest headlines, a similar situation reportedly played out ahead of the iPhone 4S launch last year, with an Apple employee having apparently lost a prototype of the device at a San Francisco bar more than two months before it was publicly introduced.

Apple responded relatively quickly to the loss of the prototype iPhone, and early reports claimed that the company had worked with San Francisco police to track the device to a home in the Bernal Heights neighborhood of San Francisco. They were, however, unsuccessful in locating the iPhone. Controversy erupted when the San Francisco police initially denied that they had participated in any such investigation, leading to suggestions that Apple investigators had impersonated police officers in their search.

The San Francisco Police Department did finally admit that it had assisted Apple with a search of the home in question, but the home's owner, Sergio Calderón, threatened to file a lawsuit over the incident. He claimed that the Apple security officers who searched his home had given the impression that they were police officers, thus making their search of his home an illegal breach of his rights. The last significant update in the case came in early December, when CNET interviewed Calderón's lawyer, who indicated that settlement negotiations with Apple had ended and that a lawsuit would be filed in the following weeks.

Nearly four months later and with no lawsuit having been filed, Network World has now followed up with the lawyer, David Monroe, to find out the status of the situation. Tellingly, Monroe repeatedly asserted that he had "no comment" on any of Network World's questions, all but confirming that he and his client did in fact reach a settlement with Apple. Unsurprisingly, that settlement would have included a nondisclosure agreement preventing Monroe or Calderón from commenting on the situation.

Having heard nothing more in the subsequent four months, I called Monroe yesterday and asked if he could update me on the status of that lawsuit.

"I have no comment about that," he replied.

I asked if there had been a settlement between Apple and his client, Sergio Calderone.

"I have no comment about that."

I mentioned the bit about him saying in December that a lawsuit was then imminent - within a few weeks -- and asked what had changed since then.

"I have no comment about that."

I was about to try a fourth round but by then we were both chuckling over the futility of the exercise.

Apple has refused to comment publicly on the situation all along, and did not respond to an inquiry from Network World regarding an update. Curiously, Apple's head of global security, John Theriault, left the company in November of last year, with sources indicating that his departure was indeed linked to the circumstances surrounding the lost iPhone 4S. Theriault now works as an independent management consultant in San Francisco.

For its part, the San Francisco Police Department conducted an internal investigation into its handling of the case, but it is unclear what the outcome of that investigation was.

Related Forum: iPhone

Popular Stories

iOS 19 Mock WWDC25 Feature

iOS 19 Expected to Run on These iPhones

Monday March 31, 2025 5:28 pm PDT by
iOS 19 will not be available on the iPhone XR, iPhone XS, or the iPhone XS Max, according a private account on social media site X that has accurately provided information on device compatibility in the past. The iPhone XR, iPhone XS, and iPhone XS Max all have an A12 Bionic chip, so it looks like iOS 19 will discontinue support for that chip. All other iPhones that run iOS 18 are expected...
2024 iPhone Boxes Feature

iPhones Could Cost Up to $2,300 in the U.S. Due to Tariffs, Analyst Says

Friday April 4, 2025 9:30 am PDT by
U.S. President Donald Trump on Wednesday announced that steep tariffs will be applied to imports from many countries, starting April 9. The tariffs could have a significant impact on Apple, as the company assembles the majority of iPhones in China, and products imported to the U.S. from China will be subject to a 54% tariff. iPhone prices could increase by up to 43% in the U.S. due to the...
watchOS 11 Thumb 2 1

Apple Releases watchOS 11.4 With Sleep Alarm Update

Tuesday April 1, 2025 10:34 am PDT by
Apple today released watchOS 11.4, the fourth major update to the operating system that runs on the Apple Watch. watchOS 11.4 is compatible with the Apple Watch Series 6 and later, all Apple Watch Ultra models, and the Apple Watch SE 2. watchOS 11.4 can be downloaded on a connected iPhone by opening up the Apple Watch app and going to General > Software Update. To install the new software,...
iOS 18

Apple Seeds First Beta of iOS 18.5 to Developers

Wednesday April 2, 2025 10:11 am PDT by
Apple today seeded the first betas of upcoming iOS 18.5 and iPadOS 18.5 updates to developers for testing purposes, with the software coming just two days after Apple released iOS 18.4 and iPadOS 18.4. iOS 18.5 and iPadOS 18.5 can be downloaded from the Settings app on a compatible device by going to General > Software Update. We don't yet know what Apple is introducing in the iOS 18.5...
iPhone 17 Pro 34ths Perspective

iPhone 17 Pro: New 48MP Telephoto Lens May Change How Zoom Works

Thursday April 3, 2025 5:11 am PDT by
Apple is reportedly planning a major upgrade to the Telephoto camera in the iPhone 17 Pro, and while it may seem like a step back on paper, the change could actually improve real-world usability, if one leaker's claims are anything to go by. According to Majin Bu, the iPhone 17 Pro will feature a new Telephoto lens with a 48MP sensor, up from the current 12MP sensor found in the iPhone 16...
AirPods Pro Firmware Feature

Apple Releases New Firmware for AirPods Pro 2 and AirPods 4

Monday March 31, 2025 11:27 am PDT by
Apple today released new firmware updates for all AirPods 4 and AirPods Pro 2 models. The new firmware is version 7E93, up from the 7B21 firmware that was installed on the AirPods Pro 2 and the 7B20 firmware available on the AirPods 4 and AirPods 4 with ANC. It is not immediately clear what new features or changes are included in the new firmware, but we'll update this article should we find ...
iPhone 17 Pro 34ths Perspective

iPhone 17 Pro Launching Later This Year With These 10 New Features

Sunday March 23, 2025 10:00 am PDT by
While the iPhone 17 Pro and iPhone 17 Pro Max are not expected to launch until September, there are already plenty of rumors about the devices. Below, we recap key changes rumored for the iPhone 17 Pro models as of March 2025: Aluminum frame: iPhone 17 Pro models are rumored to have an aluminum frame, whereas the iPhone 15 Pro and iPhone 16 Pro models have a titanium frame, and the iPhone ...

Top Rated Comments

FFArchitect Avatar
170 months ago
I have no comment on this.
Score: 11 Votes (Like | Disagree)
space dog Avatar
170 months ago
Having heard nothing more in the subsequent four months, I called Monroe yesterday and asked if he could update me on the status of that lawsuit.

"I have no comment about that," he replied.

I asked if there had been a settlement between Apple and his client, Sergio Calderone.

"I have no comment about that."

I mentioned the bit about him saying in December that a lawsuit was then imminent - within a few weeks -- and asked what had changed since then.

"I have no comment about that."

Sounds like one riveting conversation :cool:
Score: 4 Votes (Like | Disagree)
chainprayer Avatar
170 months ago
I have no comment on this.

If you choose to say no comment you still have made a comment. *sings*
Score: 4 Votes (Like | Disagree)
TimUSCA Avatar
170 months ago
I have no comment on this.

Which ironically, was a comment on this.
Score: 4 Votes (Like | Disagree)
whooleytoo Avatar
170 months ago
I always love the fact that no one here cares that Apple actually invaded a person's home illegally and deceptively. Yes, this is front page news. Another case of fanboys ignoring, accepting or making excuses for anything that Apple does wrong.

Tony

I have no comment about that.
Score: 3 Votes (Like | Disagree)
X5-452 Avatar
170 months ago
The biggest question remains unsolved:

Did the police and / or Apple investigators get to try the shrimp quiche?? I hear it's the bar in question's speciality.
Score: 3 Votes (Like | Disagree)