My atty says the race condition isn't real: Who cares if the other party has their patent erroneously issued? That patent should not be capable of use as prio

My atty says the race condition isn't real: Who cares if the other party has their patent erroneously issued? That patent should not be capable of use as prior art against your patent if you actually filed first. And, their patent would become invalid (if asserted) because of your prior art. USPTO doesn't do anything to the other patent after issuance unless someone requests re-examination. So they would "think" they have a patent, which shouldn't bother you, unless they asserted their rights against you. In which case, you could invalidate their patent with your earlier filing as prior art. So it's not so much a race condition as it is lazy, eventual consistency in syncing data. If two values are compared on two nodes, yours is the master and will overwrite the other value. Who cares that the replica is slightly out of date?