You a very confused about the whole thing (maybe a trait of BSD fanaticism?), so let me put it in terms you might understand.

If you give me software, and tell me that I have full permission to distribute it, I might do so. If the day after you try to sue me for distributing your work, I will go to a judge and say: "judge, anon1385 told me that I had full permission to distribute the work, and here is the documentation that proves it."

In the case that its the patent holder that sue me, I will still say the exact same thing to the judge. At that point, the patent holder will simply say that you did not have permission to grant such permission.

Its not a complicated concept. If you have a contract with someone, you got to follow the contract. If the contract do not allow you to give free permission for distribution, you are not allowed to give free permission for distribution. Surely, you can understand that?