Apple Apparently Reached Settlement over Search for Lost Prototype iPhone 4S - MacRumors
Skip to Content

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

iPhone Duo Display Cracking

Apple Alerts Stores to iPhone Duo's Display Cracking Issue

Friday October 30, 2026 3:20 pm PDT by
In a memo shared with Apple Stores and Apple Authorized Service Providers this week, and later obtained by MacRumors, Apple provided technicians with guidance on how to diagnose and address the iPhone Duo's inner display cracking issue. If a customer reports the issue, Apple advised technicians to inspect the iPhone Duo and repair or replace it in accordance with their standard procedures....
apple pro tell logo

Apple Launching Five New Products This Friday

Monday November 2, 2026 1:22 am PST by
Apple is releasing five new products this Friday, November 6, following pre-orders that opened last week, including its first touchscreen MacBook Pro models. The following new products will be available from Friday: iPad mini with OLED display and A20 Pro chip iMac with M6 chip 14-inch MacBook Pro with M6 chip 14-inch MacBook Pro with OLED touchscreen 16-inch MacBook Pro with OLED...
Everything New Your iPhone Can Do on iOS 27

14 New Things Your iPhone Can Do in iOS 27.2

Friday October 30, 2026 12:42 pm PDT by
Apple released iOS 27.2 on October 26, bringing enhancements to Siri AI, adding Suggestions in Messages, and sneaking in a string of smaller additions across Photos, Podcasts, Games, Apple TV, and FaceTime. iOS 27.2 is available to download to your device now via Settings ➝ General ➝ Software Update. Note that some features may not be available in all regions or on all iPhone models....

Top Rated Comments

FFArchitect Avatar
190 months ago
I have no comment on this.
Score: 11 Votes (Like | Disagree)
190 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)
190 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
190 months ago
I have no comment on this.

Which ironically, was a comment on this.
Score: 4 Votes (Like | Disagree)
whooleytoo Avatar
190 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
190 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)
Latest Stories
Apple CEO Ternus Says iPhone Duo Shortages Have No End Date in Sight
Apple CEO Ternus Says iPhone Duo Shortages Have No End Date in Sight
53 minutes ago
Apple Reports 4Q 2026 Results: $30.7B Profit on $114.5B Revenue
Apple Reports 4Q 2026 Results: $30.7B Profit on $114.5B Revenue
1 hour ago
Early Black Friday Brings Steep Price Drops on Apple's Latest iPhone Cases
Early Black Friday Brings Steep Price Drops on Apple's Latest iPhone Cases
4 hours ago
John Ternus Hosting His First Earnings Call as Apple CEO Today
John Ternus Hosting His First Earnings Call as Apple CEO Today
5 hours ago
Here's What Spotify Looks Like on Apple's HomeView
Here's What Spotify Looks Like on Apple's HomeView
6 hours ago
iOS 27.2.1 Coming Soon, iOS 27.3 Beta Likely Available Tomorrow
iOS 27.2.1 Coming Soon, iOS 27.3 Beta Likely Available Tomorrow
7 hours ago
Mark Gurman: Apple Initially Aimed to Release iPhone Duo in November
Mark Gurman: Apple Initially Aimed to Release iPhone Duo in November
7 hours ago
Best Early Black Friday Deals on Apple Products Available Now
Best Early Black Friday Deals on Apple Products Available Now
7 hours ago
Apple Isn't Done With 2026: Here's What's Still Coming
Apple Isn't Done With 2026: Here's What's Still Coming
7 hours ago
Apple 'HomeView Ultra' With 9-Inch 360º Screen Detailed in New Report
Apple 'HomeView Ultra' With 9-Inch 360º Screen Detailed in New Report
8 hours ago
Apple TV 4K Pre-Order Discount Returns at Amazon
Apple TV 4K Pre-Order Discount Returns at Amazon
8 hours ago
Zoom and These Microsoft Apps Now Optimized for iPhone Duo
Zoom and These Microsoft Apps Now Optimized for iPhone Duo
9 hours ago
Canva Brings Free All-in-One Affinity App to iPad
Canva Brings Free All-in-One Affinity App to iPad
9 hours ago
iPhone Duo: Latest Buyer Wait Times
iPhone Duo: Latest Buyer Wait Times
10 hours ago
iPhone Duo Owners Can't Change Display Zoom After Setup
iPhone Duo Owners Can't Change Display Zoom After Setup
7 hours ago
Apple HomeView Could Double as a Security Camera
Apple HomeView Could Double as a Security Camera
13 hours ago
Apple Launching Five New Products This Friday
Apple Launching Five New Products This Friday
14 hours ago
Nearly Every M5 MacBook Air Now $200 Off on Amazon
Nearly Every M5 MacBook Air Now $200 Off on Amazon
1 day ago
Apple's HomeView Ships With Six-Month-Old Software
Apple's HomeView Ships With Six-Month-Old Software
1 day ago
Three New iPads Rumored to Launch in First Half of 2027
Three New iPads Rumored to Launch in First Half of 2027
1 day ago
Apple Offers Steps to Fix Daylight Saving Time Bug on Apple Watch
Apple Offers Steps to Fix Daylight Saving Time Bug on Apple Watch
1 day ago
Apple Watch Ultra 4 Hits All-Time Low Price With Amazon's $99 Discount
Apple Watch Ultra 4 Hits All-Time Low Price With Amazon's $99 Discount
2 days ago
Reminder: Apple's Big Discount on Beats 360 Ear Cushions Ends Today
Reminder: Apple's Big Discount on Beats 360 Ear Cushions Ends Today
2 days ago
Here's a New Tour of Apple's HomeView Software
Here's a New Tour of Apple's HomeView Software
2 days ago
Apple Reveals New iPad Mini's Battery Capacity
Apple Reveals New iPad Mini's Battery Capacity
2 days ago
Top Stories: Apple's Big MacBook Pro, iPad mini and iMac Updates
Top Stories: Apple's Big MacBook Pro, iPad mini and iMac Updates
2 days ago
'Pluribus' Season 2 Reportedly Starts Production Today
'Pluribus' Season 2 Reportedly Starts Production Today
3 days ago
iPhone 18 Pro Sales Surge in China, Offsetting Decline in U.S. and Japan
iPhone 18 Pro Sales Surge in China, Offsetting Decline in U.S. and Japan
3 days ago
HomeView Software 27.2: Wallpapers, Control Center, and More
HomeView Software 27.2: Wallpapers, Control Center, and More
3 days ago
Apple Alerts Stores to iPhone Duo's Display Cracking Issue
Apple Alerts Stores to iPhone Duo's Display Cracking Issue
3 days ago