Only Apache 2.0 license guarantees that the licensee doesn't get sued for patent infringement.
Why do majority of open source startups (licensors) use MIT license?
Is it that that they want to keep the option of suing, on the basis of patent infringement, open?
So, to be safer no licensee should use code from a MIT licensed project, right?
The MIT license gives you the right "to deal in the Software without restriction", which sounds like an implied patent usage right, at least for patents held by the copyright holders that the software uses.