Apple will stop selling its Series 9 smartwatch, TechCrunch has confirmed. The news, shared by 9to5Mac, following an October ruling by the International Trade Commission (ITC) over a patent dispute with California-based medical technology company Masimo. The controversy stems from the blood sensor display on the latest smartwatch.
The move goes into effect via the online Apple Store at 3 p.m. this Thursday (Dec. 21), with retail locations ceasing sales on Dec. 24 — just before the holidays. The 24th is also the last day of receipt and delivery of electronic orders.
Apple confirmed the move in a statement to TechCrunch this morning:
A Presidential Review Period is underway regarding an order from the US International Trade Commission regarding a technical intellectual property dispute regarding Apple Watch devices containing the Blood Oxygen feature. While the review period won’t end until December 25, Apple is proactively taking steps to comply should the ruling prevail. This includes discontinuing sales of the Apple Watch Series 9 and Apple Watch Ultra 2 from Apple.com starting December 21st and from Apple retail locations after December 24th.
Apple teams work tirelessly to create products and services that empower users with leading health, wellness and security features. Apple strongly disagrees with the order and is pursuing a range of legal and technical options to ensure the Apple Watch is available to customers.
If the order is upheld, Apple will continue to take all steps to return Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the US as soon as possible.
Apple will appeal the decision, which it believes is wrong on the part of the ITC. The company also filed a pair of lawsuits against Masimo in October last year, claiming infringement of its own patent. The company noted at the time, “Masimo wrongly tried to use the ITC to keep a potentially life-saving product from millions of US consumers while paving the way for their own Apple copycat watch.”
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, “began hiring Masimo employees, starting with its Chief Medical Officer Masimo. In Fall 2020, Apple introduced the Series 6, which is manufactured in Asia.”
The main difference centers around pulse oximetry, which uses an optical sensor to detect blood flow. Last month Masimo received FDA clearance to use its own prescription and over-the-counter wrist-worn product.
