So first I'm using the 4.9 driver in the 3.14 kernel, the major changes I had to make were minor renames kthread_queue to queue_kthread and added a couple of header files. I also needed to add a gpio-enable entry to toggle the chip enable pin, I'm not sure if there is a generic way of doing it in the device tree. It is connected to a bluetooth module via uart and cts/rts both hooked up.
When using 'stty -F /dev/ttySC0 115200 crtscts', linux will wait for something before calling its start_tx in the serial core. I have not been able to dig deep enough into this problem but I got around the issue by disabling crtscts in the patching tool and forcing auto rts/cts to be enabled for line 0.