In Kellogg Brown & Root Int'l, Inc. v. Altanmia Comm. Marketing, Co. W.L.L., 2009 U.S. Dist. LEXIS 44137 (S.D. Tx. May 26, 2009), United States District Court Judge Lee H. Rosenthal denied plaintiff's request for reimbursement of expenses related to backup tape restoration as a recoverable cost for a prevailing party.

This contract dispute related to the transportation of fuel from Kuwait to Iraq. The court granted plaintiff declaratory relief and rejected defendants' counter claims.  Plaintiff submitted a bill for costs which included nearly $18,000 for  "exemplification and copies of paper necessarily obtained for use in the case" under 28 U.S.C. § 1920.  Upon further review, the court determined the costs unrecoverable as they related to plaintiff's restoration of backup tapes and did not appear to be electronic equivalents of exemplification and copying.