It was the case when using the .run directly from the nvidia website. The last set of nvidia drivers compiled by the xorg-edgers team included the patch file (which made it work with anything over 3.10-rc1 at the time).
Originally Posted by ninez
The xorg-edgers team compiled this beta driver same day, I'll test it out on the stable 3.10 kernel to see if they compiled with the patch already.
Would be nice if nvidia got their drivers up to speed with latest kernel, since using .run to install the drivers gives me way better peformance than pulling in from xorg-edgers.