He's saying they didn't actually get exercised as-in stock was never made his. They took the money and didn't issue him the shares, but the statue of limitations is gone on the fraud.

No that’s not what’s being said. Nvidia gave him the wrong total. He paid for that total. He’s saying there’s a world in which he is owed the other 9k shares. He put some lawyers on it and it turns out it won’t be this world.