Flat-footed question for Psionic Combat

Cougar

Felis Concolor
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?
 

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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.
 

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