So you want the company that licensed the patents to the Linux kernel for open source use to have to sue Nvidia for wrongly using their code? You want the company to have to spend a bunch of money suing Nvidia and possibly lose which would open the flood gates to more closed source code leeching off the Linux kernel?
Yeah that's going to make them want to keep licensing their IP to the Linux Foundation (which they're probably doing for free).
Or the maintainers can just submit a fairly simple patch to ensure that the kernel and the patents are being respected. Do you really think the first approach is the way to go?