Not all EC is patented, just a few unnecessary (for most use cases) algorithms. USE=bindist should limit itself to those, so as to not lose support for more common EC.
upstream doesn't provide any knobs for this that i'm aware of, and i don't feel like digging into the source to weed out this crap
I think it doesn't make much sense to disable EC with bindist. http://cr.yp.to/ecdh/patents.html
(In reply to Alessandro Di Federico from comment #2) that posting specifically starts off with the qualification "However, I'm not aware of any patents that apply to Curve25519" and then discusses patents specifically wrt his implementation alone. OpenSSL's ECC is not the same as the Curve25519 project.