I don't know. Turn it around: when has it been interpreted to grant rights to patents implemented? Is there case law that establishes estoppel for such a thing? Has it been tested? Are your lawyers good enough?
These are questions that you should be asking because the name of the game is minimizing risk.
Still FUD. When someone distributes something under BSD and spends non-negligible resources promoting that software, they lose the ability to sue people for using it, because the language of the license says "you may use this". The risk is 0 and I would be surprised if this has even been argued in court because it's so trivially clear.
Don't be "surprised if", don't make blurfy engineer claims--cite your sources or withdraw your claims of safety that do nothing but encourage other people to undertake risk on behalf of your ideology.
The sooner the software developers of the world realize that there are reasons that we hire lawyers for legal tasks just like we hire programmers for programming tasks, the better. The profound arrogance you are choosing to exhibit regarding complex professions you don't fully understand is one of the absolute worst things in tech.
These are questions that you should be asking because the name of the game is minimizing risk.