Didn't I cover that possibility when I said:

"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)."

Though I didn't go on to say it because I thought it was pretty obvious, NP could then sell those units produced by the outsourced manufacturer. No license would be required in such circumstance IMO.

But jumping to such conclusion would be in defiance of the words; "OEM Customers". Customers are typically people that buy things from you, not perform manufacturing for you. Now, in this instance, what would the customers be buying from NP?

Even if it were the end NP-designed product, the design is the patented thing, and the order would include a licensing agreement/clause so that use is limited to the contracted production run.

IMO, NP has sold licenses for one or more of the their patents.

SGE