Eltrys has verified that Apple will discontinue sales of its Series 9 smartwatch. The announcement comes after an October verdict by the International Trade Commission (ITC) in connection with a patent dispute with California-based med tech startup, Masimo. The blood sensor monitor on the current flagship smart Watch is the source of the controversy.
The change takes effect at 3 p.m. on Thursday (December 21), with retail outlets halting sales on December 24—just in time for the holiday. The 24th is also the final day for online purchases to be picked up and delivered.
This morning, Apple confirmed the change in a message to Eltrys:
A Presidential Review Period is underway in response to a U.S. International Trade Commission ruling on a technical intellectual property issue involving Apple Watch devices with the Blood Oxygen function. While the review process does not finish until December 25, Apple is already preparing to comply if the verdict is upheld. This includes a suspension of sales of the Apple Watch Series 9 and Apple Watch Ultra 2 from Apple.com beginning December 21, and from Apple retail locations beginning December 24.
Apple’s teams work relentlessly to develop products and services that provide industry-leading health, wellness, and safety features to people. Apple firmly opposes the ruling and is exploring a variety of legal and technological methods to keep the Apple Watch accessible to users.
If the injunction is upheld, Apple will continue to take all necessary steps to get the Apple Watch Series 9 and Apple Watch Ultra 2 back to consumers in the United States as quickly as feasible.
Apple plans to challenge the ITC decision, which it feels is incorrect. In October of last year, the corporation also filed two lawsuits against Masimo, claiming patent infringement. According to the firm at the time, “Masimo has wrongly attempted to use the ITC to keep a potentially lifesaving product from millions of U.S. consumers while making way for their own watch that copies Apple.”
Masimo’s own complaint, which was originally centered on Series 6 technology, goes back to June 2021. According to the medical business, Apple “began hiring Masimo employees, beginning with Masimo’s Chief Medical Officer. “Apple will release the Series 6 in the fall of 2020, made in Asia.”
The main point of contention is pulse oximetry, which uses an optical sensor to monitor blood flow. Masimo got FDA approval last month to utilize its own wrist-worn gadget for prescription and over-the-counter usage.
