Flexiteek Americas, Inc. v. Plasteak, Inc., No. 10-1256 (Fed. Cir. May 27, 2011)

GAJARSA, Circuit Judge.

ORDER

2FLEXITEEK AMERICAS v. PLASTEAK INC 2

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 termination 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 This appeal is of the district court's injunction, which is no longer in effect, and not of any possible order for contempt.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.

3³ FLEXITEEK AMERICAS v. PLASTEAK INC

For THE COURT

MAY 27 2011 (s/ Jan Horbaly

Date Jan Horbaly

Clerk

ce: 8, Tracy Long, Esq. FILED

1 Bruce H. Wilson, Esq ROURT OF APPEALSF OR ⁸

MAY 27 2011

JAN HORBALY

CLERK