Sen. John Cornyn's trafficking measure has been a source of tension with Sen. Patrick Leahy. Patent reform hits snag with human trafficking standoff

Partisan tensions over a human trafficking bill are bogging down another key piece of congressional business: patent reform.

Negotiations in the Senate Judiciary Committee over a bill to curb frivolous patent lawsuits are running into disputes over the anti-trafficking bill — the same issue that’s causing delays for attorney general nominee Loretta Lynch, according to several sources on and off the Hill familiar with the discussions.


The trafficking measure, from Sen. John Cornyn (R-Texas), has been a particular source of tension with Sen. Patrick Leahy (D-Vt.), who has given scathing floor speeches criticizing Republicans for playing “political games” by inserting an abortion provision into the widely supported bill. Both Cornyn and Leahy are members of the Senate Judiciary Committee and are heavily involved in patent negotiations with Chairman Chuck Grassley (R-Iowa) and Sen. Chuck Schumer (D-N.Y.)

The skirmish marks another hurdle for the push to stop abusive litigation by so-called patent trolls, firms that amass patents to extract licensing payments from other businesses. The effort is backed by many of the tech industry’s biggest players from Google to Microsoft as well as retailers, restaurants and startups, who all say they’re bombarded by expensive lawsuits. Universities, biotech and pharmaceutical companies generally oppose the reforms, saying they will weaken legitimate intellectual property rights.

Asked about the issue Monday, Cornyn denied that the patent holdup is fallout from the human trafficking fight. “We’re big boys and girls and can decide each on its merits,” he said.

Cornyn had earlier predicted that a patent bill would make it through the Judiciary Committee in March. “My hope is that in sometime in late April … we’d be in a position to come up with some sort of a deal,” he said.

Leahy said the abortion fight hasn’t stopped the patent negotiations “any more than it has stopped us on a number of other things,” adding that lawmakers are continuing to hash out substantive policy questions.

“We are close and I would rather take a few days longer and get it right and get everybody together on it than try to rush something through simply to have something,” he said.

Earlier this year, it looked as if patent reform had a clear and speedy path to approval. After then-Senate Majority Leader Harry Reid was blamed for scuttling similar legislation during the last Congress, Republicans expressed confidence they could move a bill quickly now that they have control of both chambers. In the Senate Judiciary Committee, members who had previously hammered out compromises on specific patent provisions picked up where they left off.

The new delay is sparking criticism from the tech sector, which has made the anti-troll bill a key priority.

“It’s troubling to hear that the critical issue of patent reform, one of the tech industry’s highest priorities, is falling victim to the partisan fighting over an entirely separate issue,” said one of the industry sources.

The human trafficking bill has taken up most of the oxygen in the upper chamber in recent weeks. Democrats have accused Republicans of quietly including the controversial abortion restrictions in the bill. Senate Majority Leader Mitch McConnell has put off a vote on Lynch’s nomination until the trafficking bill moves forward. She has now been waiting more than 150 days for her confirmation.

While the Senate struggles with patent reform, the House is moving full steam ahead. The House Judiciary Committee held a legislative hearing on Chairman Bob Goodlatte’s bill this week and could move it through committee before the House adjourns for recess at the end of the month.

Alex Byers contributed to this report.