Photo credit: Darrell Etherington
Apple will stop selling its Series 9 smartwatch, TechCrunch has confirmed. The news shared by 9to5Mac follows an International Trade Commission (ITC) ruling in October arising from a patent dispute with California-based medical device company Masimo. The dispute stems from the blood sensor monitor on the latest flagship smartwatch.
The move will take effect this Thursday (December 21) at 3:00 p.m. in the online Apple Store. The retail locations will stop sales on December 24th – just before the holidays. The 24th is also the last day for collection and delivery of online orders.
Apple confirmed the move in a statement to TechCrunch this morning.
A presidential review period is currently underway regarding an order from the US International Trade Commission regarding a technical intellectual property dispute related to Apple Watch devices that have the blood oxygen function. Although the review period doesn’t end until December 25th, Apple is taking preemptive steps to comply with the ruling if the ruling stands. This includes suspending sales of the Apple Watch Series 9 and Apple Watch Ultra 2 on Apple.com beginning December 21st and at Apple retail locations after December 24th.
Apple teams work tirelessly to develop products and services that provide users with industry-leading health, wellness and safety features. Apple strongly disagrees with the order and is pursuing a range of legal and technical options to ensure that the Apple Watch is available to customers.
If the order holds, Apple will continue to take all measures to return the Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the United States as quickly as possible.
Apple will appeal the ruling because the ITC believes it is flawed. The company also filed two patents against Masimo in October last year, alleging its own patent infringement. The company noted at the time: “Masimo wrongly attempted to use the ITC to deprive millions of U.S. consumers of a potentially life-saving product while making way for their own watch that Apple copies.”
Masimo’s own complaint, which initially focused on the technology introduced with the Series 6, dates back to June 2021. The medical company said that Apple “has begun hiring Masimo employees, starting with Masimo’s Chief Medical Officer.” In fall 2020, Apple introduced the Asia-made Series 6.”
The main dispute centers on pulse oximetry, which uses an optical sensor to detect blood flow. Last month, Masimo received FDA approval to use its own wrist-worn product for prescription and over-the-counter purposes.