A handful of Senate Judiciary Committee members on Thursday expressed lingering doubts about legislation to fight so-called patent trolls.
While a proposal unveiled last week won bipartisan support, there is unease in some pockets of both parties about moving aggressively to limit frivolous patent infringement lawsuits.
Sen. Sheldon WhitehouseSheldon WhitehouseUnder pressure, Democrats cut back spending Equilibrium/Sustainability — Presented by Southern Company — Nations plan to pump oil despite net zero promises On The Money — It all comes down to Bernie and Joe MORE (D-R.I.), who is still in "undecided mode," said leadership has to assure him that if the Senate reaches a deal, it does not get scrapped when merged with the House version.
"I do think it's also going to be important that we have a clear understanding, Mr. Chairman, as we go forward, that if we reach an agreement that is very solid in the Senate, that we have some reassurance that we won't just get rolled in the conference process," he said, describing the House version as "unacceptable."
While seven of the 20 members of the committee have sponsored the legislation, a hearing Wednesday helped crystallize the opposition from other lawmakers.
Sen. David VitterDavid Bruce VitterBiden inaugural committee to refund former senator's donation due to foreign agent status Bottom line Lysol, Charmin keep new consumer brand group lobbyist busy during pandemic MORE (R-La.), ahead of the hearing, announced he was signing onto a pared back patent proposal sponsored by Judiciary members Sen. Chris CoonsChris Andrew CoonsManchin threatens 'zero' spending in blowup with Sanders: reports Defense & National Security — Military starts giving guidance on COVID-19 vaccine refusals Blinken pressed to fill empty post overseeing 'Havana syndrome' MORE (D-Del.) and Senate Minority Whip Dick DurbinDick DurbinManchin: Negotiators to miss Friday target for deal on reconciliation bill Democrats look for plan B on filibuster The Memo: Cuts to big bill vex Democrats MORE (D-Ill.). Sen. Mazie HironoMazie Keiko HironoDemocrats look for plan B on filibuster Progressives push back on decision to shrink Biden's paid family leave program Democrats at odds with Manchin over child tax credit provision MORE (D-Hawaii), who is not a member of the committee, is also a sponsor.
Coons said the bill from the Judiciary Committee leaders is "less bad" than the House's version, but said he still would not support it.
Other members like Whitehouse and Thom Tillis (R-N.C.) expressed reservations about patent legislation as well. Sen. Richard Blumenthal (R-Conn.) noted there is "room for improvement."
Durbin took a familiar role as attack dog, scolding committee leaders for stacking the witness list with "those who love the bill and those who really love the bill."
"There is another side to the story that has not been given a chance to speak this morning and I hope that during the course of considering this bill we can reflect on it," he said.
Critics have pressed Judiciary leaders to hold more hearings on the patent troll issue, but sponsors of the bill say pushing it through quickly would give it the best chance of passage.
A markup of the bill is expected before lawmakers break for the Memorial Day recess, though nothing has been scheduled.
Senate Judiciary Chairman Chuck GrassleyChuck GrassleyAnother voice of reason retires Overnight Health Care — Presented by Carequest — FDA moves to sell hearing aids over-the-counter McConnell: GOP should focus on future, not 'rehash' 2020 MORE (R-Iowa) said Thursday he is "comfortable with where we are on the language" that was negotiated over the past year.
Along with Grassley, the bill has support from ranking Democrat, Sen. Patrick LeahyPatrick Joseph LeahyOvernight Energy & Environment — Presented by the American Petroleum Institute — Democrats address reports that clean energy program will be axed Overnight Health Care — Presented by Carequest — Colin Powell's death highlights risks for immunocompromised On The Money — Democrats tee up Senate spending battles with GOP MORE (Vt.). Sens. John CornynJohn CornynCornyn raises more than M for Senate GOP Is the Biden administration afraid of trade? The Hill's Morning Report - Presented by Facebook - After high drama, Senate lifts debt limit MORE (R-Texas) and Charles SchumerChuck SchumerDemocratic frustration with Sinema rises Schumer endorses democratic socialist India Walton in Buffalo mayor's race Guns Down America's leader says Biden 'has simply not done enough' on gun control MORE (D-N.Y.) helped negotiate the deal. Sens. Orrin HatchOrrin Grant HatchLobbying world Congress, stop holding 'Dreamers' hostage Drug prices are declining amid inflation fears MORE (R-Utah), Mike LeeMichael (Mike) Shumway LeeCawthorn, Lee introduce bills banning interstate travel vaccine mandate Retreating economy creates new hurdle for Democrats in 2022 McConnell vows GOP won't help raise debt ceiling in December after Schumer 'tantrum' MORE (R-Utah) and Amy KlobucharAmy KlobucharGOP blocks Senate Democrats' revised elections bill Progressives push back on decision to shrink Biden's paid family leave program The Hill's 12:30 Report - Presented by Altria - Biden holds meetings to resurrect his spending plan MORE (D-Minn.) have also signed on.
Despite the deal, Grassley and other supporters expressed on openness to addressing particular concerns from the pharmaceutical industry.
Outside groups like the 21C Coalition have called for changes to the U.S Patent Office's own review process, which was set up a few years ago to offer a quick alternative to challenging a patent in court. Critics argue the proceedings skew too far against patent holders.