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 SE 4 Vertical Camera Feature

iPhone SE 4 Rumored to Use Same Rear Chassis as iPhone 16

Friday July 19, 2024 7:16 am PDT by
Apple will adopt the same rear chassis manufacturing process for the iPhone SE 4 that it is using for the upcoming standard iPhone 16, claims a new rumor coming out of China. According to the Weibo-based leaker "Fixed Focus Digital," the backplate manufacturing process for the iPhone SE 4 is "exactly the same" as the standard model in Apple's upcoming iPhone 16 lineup, which is expected to...
iPhone 16 Pro Sizes Feature

iPhone 16 Series Is Just Two Months Away: Everything We Know

Monday July 15, 2024 4:44 am PDT by
Apple typically releases its new iPhone series around mid-September, which means we are about two months out from the launch of the iPhone 16. Like the iPhone 15 series, this year's lineup is expected to stick with four models – iPhone 16, iPhone 16 Plus, iPhone 16 Pro, and iPhone 16 Pro Max – although there are plenty of design differences and new features to take into account. To bring ...
iphone 14 lineup

Cellebrite Unable to Unlock iPhones on iOS 17.4 or Later, Leak Reveals

Thursday July 18, 2024 4:18 am PDT by
Israel-based mobile forensics company Cellebrite is unable to unlock iPhones running iOS 17.4 or later, according to leaked documents verified by 404 Media. The documents provide a rare glimpse into the capabilities of the company's mobile forensics tools and highlight the ongoing security improvements in Apple's latest devices. The leaked "Cellebrite iOS Support Matrix" obtained by 404 Media...
tinypod apple watch

TinyPod Turns Your Apple Watch Into an iPod

Wednesday July 17, 2024 3:18 pm PDT by
If you have an old Apple Watch and you're not sure what to do with it, a new product called TinyPod might be the answer. Priced at $79, the TinyPod is a silicone case with a built-in scroll wheel that houses the Apple Watch chassis. When an Apple Watch is placed inside the TinyPod, the click wheel on the case is able to be used to scroll through the Apple Watch interface. The feature works...
bsod

Crowdstrike Says Global IT Outage Impacting Windows PCs, But Mac and Linux Hosts Not Affected

Friday July 19, 2024 3:12 am PDT by
A widespread system failure is currently affecting numerous Windows devices globally, causing critical boot failures across various industries, including banks, rail networks, airlines, retailers, broadcasters, healthcare, and many more sectors. The issue, manifesting as a Blue Screen of Death (BSOD), is preventing computers from starting up properly and forcing them into continuous recovery...
Apple Watch Series 9

2024 Apple Watch Lineup: Key Changes We're Expecting

Tuesday July 16, 2024 7:59 am PDT by
Apple is seemingly planning a rework of the Apple Watch lineup for 2024, according to a range of reports from over the past year. Here's everything we know so far. Apple is expected to continue to offer three different Apple Watch models in five casing sizes, but the various display sizes will allegedly grow by up to 12% and the casings will get taller. Based on all of the latest rumors,...

Top Rated Comments

FFArchitect Avatar
160 months ago
I have no comment on this.
Score: 11 Votes (Like | Disagree)
space dog Avatar
160 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
160 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
160 months ago
I have no comment on this.

Which ironically, was a comment on this.
Score: 4 Votes (Like | Disagree)
whooleytoo Avatar
160 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
160 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)