Flexiteek Americas, Inc. and Flexiteek International As v. Plasteak, Inc. and Plasdeck, Inc.

# NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit

FLEXITEEK AMERICAS, INC. AND FLEXITEEK
INTERNATIONAL AS,
Plaintiffs-Appellees,
v.
PLASTEAK, INC. AND PLASDECK, INC.,
Defendants-Appellants,
AND
ANDRE BATISTA,
Defendant.

2010-1256

Appeal from the United States District Court for the
Southern District of Florida in case no. 08-CV-60996,
Judge James I. Cohn.

ON MOTION

Before GAJARSA, MAYER, and PROST, Circuit Judges.
GAJARSA, Circuit Judge.

ORDER

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This court directed the parties to respond whether
PlasTEAK, Inc. and PlasDECK, Inc.'s (PlasTEAK) appeal
from the February 5, 2010 order of the United States
District Court for the Southern District of Florida granting
a permanent injunction should be dismissed as moot in
light of the district court's subsequent July 20, 2010 order
terminating the permanent injunction. Flexiteek Americas,
Inc. and Flexiteek International AS (Flexiteek) respond
and argue that this appeal is moot. The appellant,
PlasTEAK, argues that this appeal is not moot.

PlasTEAK urges this court not to dismiss the appeal
arguing that the appeal should continue to resolve its
concerns regarding liability for infractions of the injunction
between issuance of the injunction and the court's termina-
tion order. Although that issue might present a case or
controversy, it does not do so here. This appeal is of the
district court's injunction, which is no longer in effect, and
not of any possible order for contempt. Notably, even if
PlasTEAK were to prevail in this appeal, that would not
necessarily dispose of any question as to contempt of an
injunction. See generally Emery Air Frieght Corp. v. Local
Union 295, 449 F.2d 586, 591 (2d Cir. 1971) ("Accordingly,
the preliminary injunction as granted was improper.
However, this conclusion does not dispose of the question of
contempt, to which we now turn.").

Accordingly,

IT IS ORDERED THAT:

(1) This appeal is dismissed.

(2) Each side shall bear its own costs.

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FLEXITEEK AMERICAS v. PLASTEAK INC
FOR THE COURT

MAY 2 7 2011

Date

/s/ Jan Horbaly
Jan Horbaly
Clerk

cc: S. Tracy Long, Esq.
Bruce H. Wilson, Esq.
s19

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
MAY 2 7 2011

JAN HORBALY
CLERK