“When a pro se complaint in the Court of Federal Claims alleges government use of copyrighted work ‘in violation of 28 U.S.C. § 1498(b),’ may that court and the Federal Circuit dismiss for lack of Tucker Act jurisdiction on the ground that the complaint also used Fifth Amendment language—without construing the complaint as the exclusive § 1498(b) action Congress placed in that court, and without deciding whether a § 1498(b) claim was stated?”
