It still has to go to trial to be determined. This is used as a punitive mechanism by prominent rightsholders. See the sad tales of Prenda Law, and Rightshaven. I'm not sure what the official term is in the case of "we assume X, but we'll have a trial to see if X is true", but the presumption is that whatever was copied, so it has to go to court. In combination with the "American Rule", that makes everyone shy away from coming too close to copying. You can lawyerly say what you want, the situation is that theoretically you can invent something yourself that's close or identical to some rightholder's ideas, but basically you're punished for it. SO stay away.