Might I suggest that there absolutely had to be a license in place, in some form, to allow those OEM customers to produce product incorporating NuPower's tech. Volume production.
That is, of course, unless those OEM customers were not customers at all, but suppliers to NuPower (outsourced production to NuPower's specs with all product going to NuPower).
The only other alternative would be if those OEM customers were not customers at all, but infringers of NuPower's tech - with NuPower's knowledge, and consent (Consent? Written consent would be called what? A license?).
Think it through....
JMHO,
SGE