nVidia is actually a Silver Member of the Linux Foundation[0], meaning they (and 1200 other Silver companies) contribute $5000/year. I wonder how a lawsuit would work, given that some portion of Linux's legal costs would be paid with nVidia's own money. Plus a majority of the LF's members are probably partners or customers of nVidia, and some members are competitors.

[0] https://www.linuxfoundation.org/about/members (I had to grep the HTML to find it)