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.

Top Rated Comments

FFArchitect Avatar
135 months ago
I have no comment on this.
Score: 11 Votes (Like | Disagree)
space dog Avatar
135 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
135 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
135 months ago
I have no comment on this.

Which ironically, was a comment on this.
Score: 4 Votes (Like | Disagree)
whooleytoo Avatar
135 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
135 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)

Popular Stories

iPhone 14 Dummies 1 Feature

Everything Rumored for Apple's September Event: iPhone 14, Apple Watch Pro and More

Friday August 12, 2022 2:34 pm PDT by
There's just about a month to go until Apple holds its annual September event focusing on new iPhone and Apple Watch models. We thought we'd take a quick look at everything that's rumored for Apple's September event to give MacRumors readers a rundown on what to expect when the first fall event rolls around. iPhone 14 The iPhone 14 can probably be described more as an "iPhone 13S" because...
airpods pro black background

AirPods Pro 2: Five New Features and Improvements to Expect

Sunday August 14, 2022 3:28 pm PDT by
Apple's second-generation AirPods Pro are finally nearing launch, with a release expected later this year. If you are considering upgrading to the new AirPods Pro once they are released, keep reading for a list of five new features to expect. In addition to all-new features, the second-generation AirPods Pro will likely adopt some features added to the standard AirPods last year. H2 Chip ...
z fold 4 1

Hands-On With Samsung's Latest Foldable Smartphones, the Galaxy Z Fold and Z Flip

Friday August 12, 2022 12:46 pm PDT by
Samsung this week launched its fourth-generation foldable devices, the $1,000 Galaxy Z Flip and the $1,800 Galaxy Z Fold. Though there's no sign of a comparable Apple foldable device on the horizon, rumors suggest prototypes are in the works, so we thought we'd take a look at Samsung's newest smartphones to see what Apple needs to measure up to when a foldable iPhone does come out. Subscribe ...
top stories 13aug2022

Top Stories: New Battery Percentage Icon in iOS 16, USB-C AirPods Rumor, and More

Saturday August 13, 2022 6:00 am PDT by
This week brought some shocking news for iOS 16 beta testers, with Apple bringing back the iPhone battery percentage to the status bar after a number of years. Other news and rumors this week included word that Apple has started recording portions of its media event planned for next month to introduce the iPhone 14 and Apple Watch Series 8, claims about iPhone 14 Pro pricing and Apple's...
iCloud General Feature

Apple Remains Silent About Plans to Detect Known CSAM Stored in iCloud Photos

Saturday August 13, 2022 1:52 pm PDT by
It has now been over a year since Apple announced plans for three new child safety features, including a system to detect known Child Sexual Abuse Material (CSAM) images stored in iCloud Photos, an option to blur sexually explicit photos in the Messages app, and child exploitation resources for Siri. The latter two features are now available, but Apple remains silent about its plans for the CSAM...
apple watch se

Apple Watch SE vs. Apple Watch Series 8: New Features to Expect If You've Waited to Upgrade

Monday August 15, 2022 2:44 am PDT by
The Apple Watch SE was announced in September 2020 and has been a popular Apple Watch model for customers looking for their first smartwatch or an affordable Apple Watch. Apple Watch SE customers may be wondering, however, what's in store for them with the upcoming Apple Watch Series 8 and what new features they can expect. Continue reading to find out. Apple Watch SE vs. Apple Watch Series ...