Research is a noncommercial endeavour, and as such patent infringement cannot occur. What these "researchers" were trying to do with these brains was something akin to a commercial endeavour, whereby the can extract the stem cells within the dead children's brains, grow them as eternal cell culture and cell these renewing stem cell cultures to real researchers. If they were performing non-profit research, they could use whatever technique the wanted to ... it's like a hobby.
You can go tinker with your car and fabricate a new intake manifold on your own to make it go faster, and not be afraid of being sued for patent infringement because you used some company's design for an intake manifold. When you start racing professionally with that car seeking sponsorships and purses, then you've committed patent infringement.