Flat-footed question for Psionic Combat

[Cougar]

If a psion was invisible and used a psionic attack against a creature after both combatants had acted (i.e. weren't flat-footed due to initiative order) would the defender be flat-footed? What about if the attacker flanked the defender wielding a melee weapon? Or does flat-footed just apply to those who haven't yet acted in combat due to initative order?

 

[Henrix]

The flat-footed modifiers only apply if you're flat-footed (has not acted yet in this combat), out of power points, or don't want to raise a defense.