The US Department of Justice just filed a Friend of the Court brief, in which they assert that the native sequence of human genes should not be patentable in their view. The story was published by Genome Web this morning and can be found here.
Personally, I agree. It does not seem to me that anything inventive happened at the University of Utah to allow them to own the sequence of the BRCA gene in any sense. Further, it is my feeling that a free and accessible human (or other living organism) genome will spur a great deal more innovation than needing to pay to use it.