X0303 4 2009-01-26 0 0000911148 CADUS CORP KDUS.OB 0000921669 ICAHN CARL C C/O ICAHN ASSOCIATES CORP. 767 FIFTH AVE., SUITE 4700 NEW YORK NY 10153 1 0 1 0 Common Stock, $0.10 par value ("Shares") 2009-01-26 4 P 0 1600 1.35 A 4966558 I please see footnote Each of Barberry Corp. ("Barberry") and High River Limited Partnership ("High River") has direct beneficial ownership with regard to 1,605,342 and 2,258,790 Shares, respectively. Barberry owns 100% of the equity of Hopper Investments LLC ("Hopper"), and Hopper is the general partner of High River. As such, each of Barberry and Hopper is deemed to beneficially own the 2,258,790 Shares that High River directly beneficially owns. Carl C. Icahn has direct beneficial ownership with regard to 1,102,426 Shares and is deemed to beneficially own the 3,864,132 Shares held by Barberry and High River. Barberry and Hopper disclaim beneficial ownership of the Shares held by High River for all other purposes. Mr. Icahn disclaims beneficial ownership of the Shares held by High River and Barberry for all other purposes. CARL C. ICAHN 2009-01-28