Apple Apparently Reached Settlement over Search for Lost Prototype iPhone 4S - MacRumorsOpen MenuShow RoundupsShow Forums menuVisit ForumsOpen Sidebar
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

duo aquarium

More Fun iPhone Duo Apps: 30 New Picks to Try

Friday November 6, 2026 3:27 pm PST by
When the iPhone Duo launched, we shared a list of some of the fun apps developers created for the new form factor. Two weeks out, developers are continuing to come up with fresh ideas, so we thought we'd share some of our favorites. Games Marbles Unhinged ($2.99) - Marbles Unhinged is a marble maze designed for the Duo. When you fold it, the floor turns into a ramp. If you stand the top...
apple pro tell logo

Apple Launching Five New Products Today

Thursday November 5, 2026 12:59 am PST by
Apple is launching five new products on 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 today: 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...
silver iphone 18 pro

Apple Rumored to Drop the iPhone's Action Button Next Year

Friday November 6, 2026 6:07 am PST by
Apple plans to merge the iPhone's Action button with the Camera Control starting next year, according to the leaker known as "Instant Digital." In a new post on Weibo, the leaker claimed that a single press of the combined button would open the camera, while a long press would trigger the function assigned to the Action button. They explicitly clarified that the dedicated Action button would ...

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
Siri AI Rumored to Become 'More Like an Agent' as Early as Next Year
Siri AI Rumored to Become 'More Like an Agent' as Early as Next Year
7 hours ago
Apple Taking New Approach to Developing iOS 28 and macOS 28
Apple Taking New Approach to Developing iOS 28 and macOS 28
8 hours ago
Early Apple Black Friday Deals on Apple Watch, MacBook Air, and More
Early Apple Black Friday Deals on Apple Watch, MacBook Air, and More
1 day ago
'Backglow' Lets You Customize New MacBook Pro's Glowing Apple Logo
'Backglow' Lets You Customize New MacBook Pro's Glowing Apple Logo
1 day ago
Top Stories: Apple Product Launches, iOS 27.3 Beta, and More
Top Stories: Apple Product Launches, iOS 27.3 Beta, and More
1 day ago
More Fun iPhone Duo Apps: 30 New Picks to Try
More Fun iPhone Duo Apps: 30 New Picks to Try
2 days ago
Hands-On With Apple's New OLED Touchscreen MacBook Pro
Hands-On With Apple's New OLED Touchscreen MacBook Pro
2 days ago
Apple Store With All-New Design Opening Soon in Southern California
Apple Store With All-New Design Opening Soon in Southern California
2 days ago
Control the Glowing Apple Logo on Your New MacBook Pro
Control the Glowing Apple Logo on Your New MacBook Pro
2 days ago
Apple Shares New 'Apple Card: Apply and Use in Minutes' Ad
Apple Shares New 'Apple Card: Apply and Use in Minutes' Ad
2 days ago
Apple Says More Than 100,000 Apps Optimized for iPhone Duo, Here's What's Still Missing
Apple Says More Than 100,000 Apps Optimized for iPhone Duo, Here's What's Still Missing
2 days ago
Early Black Friday Deals Kickoff With Steep Discounts on Apple Watch Ultras and More
Early Black Friday Deals Kickoff With Steep Discounts on Apple Watch Ultras and More
2 days ago
The MacRumors Show: iOS 27.3 Looks Like a Huge Update
The MacRumors Show: iOS 27.3 Looks Like a Huge Update
2 days ago
Best Buy's Black Friday Event Begins With Sitewide Savings on Apple, TVs, More
Best Buy's Black Friday Event Begins With Sitewide Savings on Apple, TVs, More
2 days ago
Apple Releasing Yet Another Two New Products Next Week
Apple Releasing Yet Another Two New Products Next Week
2 days ago
MacBook Air Drops to Lowest Price in Months With Amazon's $250 Discount
MacBook Air Drops to Lowest Price in Months With Amazon's $250 Discount
2 days ago
Apple Rumored to Drop the iPhone's Action Button Next Year
Apple Rumored to Drop the iPhone's Action Button Next Year
2 days ago
Apple's Extended Return Policy Now in Effect for 2026 Holiday Season
Apple's Extended Return Policy Now in Effect for 2026 Holiday Season
2 days ago
Apple Music Classical Updated With New Icon and Refreshed Design
Apple Music Classical Updated With New Icon and Refreshed Design
2 days ago
OLED iPad Mini, M6 iMac, and New MacBook Pros Available From Today
OLED iPad Mini, M6 iMac, and New MacBook Pros Available From Today
3 days ago
Apple Surveys iPhone Duo Buyers About Crease and Camera
Apple Surveys iPhone Duo Buyers About Crease and Camera
3 days ago
Apple's First Touchscreen Mac is Now Arriving to Customers
Apple's First Touchscreen Mac is Now Arriving to Customers
3 days ago
Claude Gets Personal Finance Feature With Bank Account Linking
Claude Gets Personal Finance Feature With Bank Account Linking
3 days ago
Apple Arcade Adds Crossy Road Rush and NBA 2K27
Apple Arcade Adds Crossy Road Rush and NBA 2K27
3 days ago
Apple's New HomeView Smart Home Hub: Here's How Much RAM It Has
Apple's New HomeView Smart Home Hub: Here's How Much RAM It Has
3 days ago
iPad Mini vs. iPad Air Buyer's Guide: Now Just $50 Apart
iPad Mini vs. iPad Air Buyer's Guide: Now Just $50 Apart
3 days ago
First iOS 27.3 and macOS Golden Gate 27.3 Public Betas Now Available
First iOS 27.3 and macOS Golden Gate 27.3 Public Betas Now Available
3 days ago
Apple Announces a New Mac Sales Record
Apple Announces a New Mac Sales Record
3 days ago
Paid $200 for Logic Pro? Apple Says You Won't Get This New Feature
Paid $200 for Logic Pro? Apple Says You Won't Get This New Feature
3 days ago
Instagram's Edits Video Editor is Now Available on Mac
Instagram's Edits Video Editor is Now Available on Mac
3 days ago