Most courts recognize that actual costs may be disproportionate and inequitable. Inadequate and inequitable school funding has a disproportionate impact on low-income students and high-poverty schools. The Andersen framework also makes a distinction between equitable and inequitable access. The ICSID has sometimes been the target of withering criticism about grossly inequitable judgements. Kennedy also tried to reform "unfair" and "inequitable" aspects of the draft. Food was generally inadequate, but distribution was also inequitable. From this perspective, the UNFCCC target could be viewed as inequitable, i.e., unfair. The exhaustion requirement has been widely criticized as imposing an inequitable burden on prisoners. A claim of inequitable conduct is a defense to allegations of patent infringement. They also challenged the district court's claim construction, inequitable conduct, and attorney fees determinations. Sometimes, when the government intervenes it can turn out to be ineffective, misplaced and inequitable. It also leads to inequitable access to essential goods among different socioeconomic groups. They used it for actions they judged inequitable or abusive to any plebeian. This avoids potential double litigation and possibly inequitable outcomes. In other words, the elements of inequitable conduct are materiality and deceptive intent.